Written by: Walter Maestri

The President issued Executive Order (13998), Promoting COVID-19 Safety in Domestic and International Travel requiring masks be worn on all “public maritime vessels, including ferries” to mitigate the risk of spreading COVID-19.  The Order requires conveyance operators and transportation hub operators to take steps to reduce the spread of COVID-19.

Vessels (Conveyances): Vessel operators must use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Depending on the circumstances, best efforts include:

• boarding only those persons who wear masks; • instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law;
• monitoring persons on board the conveyance for anyone who is not wearing a mask and seeking compliance from such persons;
• at the earliest opportunity, disembarking any person who refuses to comply;
• providing persons with prominent and adequate notice to facilitate awareness and compliance of the requirement of this Order to wear a mask; best practices may include, if feasible, advanced notifications on digital platforms, such as on apps, websites, or email; posted signage in multiple languages with illustrations; printing the requirement on transit tickets; or other methods as appropriate.

Sea Ports (Maritime Transportation Hubs): Operators of sea ports must use best efforts to ensure that any person entering or on the premises of the port wears a mask. Best efforts include:

• allowing entry only to those persons who wear masks;
• instructing persons that Federal law requires wearing a mask in the transportation hub and failure to comply constitutes a violation of Federal law;
• monitoring persons on the premises of the transportation hub for anyone who is not wearing a mask and seeking compliance from such persons;
• at the earliest opportunity, removing any person who refuses to comply from the premises of the transportation hub; and
• providing persons with prominent and adequate notice to facilitate awareness and compliance with the requirement of this Order to wear a mask; best practices may include, if feasible, advance notifications on digital platforms, such as on apps, websites, or email; posted signage in multiple languages with illustrations; printing the requirement on transit tickets; or other methods as appropriate.

Vessel or facility operators, owners, or companies should provide clear guidance as to when wearing a mask would create a risk to workplace, health, safety or job duty for crew members and facility personnel. The company guidance should address specific tasks that cannot be accomplished safely while wearing a mask. A blanket policy cannot be issued to exempt all persons from wearing a mask at all times. Crew members and facility personnel may be exempt from wearing a mask only when actively performing the task and should immediately wear a mask when the task is complete. Since passengers should refrain from instances where wearing a mask may present a risk, this exemption does not extend to passengers.

The requirement to wear a mask shall not apply under the following circumstances:

• While eating, drinking, or taking medication, for brief periods;
• While communicating with a person who is hearing impaired when the ability to see the mouth is essential for communication;
• If, unconscious (for reasons other than sleeping), incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance, experiencing difficulty breathing or shortness of breath or feeling winded may temporarily remove the mask until able to resume normal breathing with the mask. Vomiting or other illness, may also require removal of the mask. Other medical conditions and equipment may interfere with the ability to wear a mask;
• When necessary to temporarily remove the mask to verify one’s identity such as during Transportation Security Administration screening or when asked to do so by a ticket or gate agent or any law enforcement official.