An appeals court has affirmed the legality of a requirement established in 2013 by the state Office of Mental Health (OMH) that employees at its facilities who refuse to get influenza vaccinations wear face masks when in contact with clients during flu season.
The state established the requirement on an emergency basis in December 2013 and later adopted it as a permanent regulation. The Appellate Division, Third Department, said the department appeared to have thoroughly considered the benefits and drawbacks of the rule, both to the health of agency clients and to the safety of its employees who have work while wearing masks.
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