BA - Face shield acceptable in place of mask?
#16
Join Date: Oct 2015
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The exemption section of the Statutory Instrument referenced by Tobias-UK above includes these exceptions, where someone has a reasonable excuse not to wear face coverings. Note that BA is at liberty to create its own exceptions in this area, plus the SI essentially covers England's (not the UK's) airspace. But I suspect this falls into the "this will do" category.
And the relevant extract from the Equality Act on disability says:
And the relevant extract from the Equality Act on disability says:
The issue with the using the EA reference, a piece of legislation I use professionally, is whilst a mask may cause the feeling of claustrophobia, they are unlikely to have this recorded in medical notes as they don’t previously have a recreational or occupational need to wear a mask, so then it is difficult to demonstrate it is a chronic condition.
Having said that, if it is causing severe distress that is clearly a reasonable excuse, just worth getting it on record somewhere. You could ask for a note to be made in the booking, but if it’s in your medical record, this will also be evidence of this is required for other airlines or for using other forms of transport.
navylad as a side note, thinking back to, I presume, your 'the ships buggered' training ( as an ex marine who did it several times over in his life but forgets the proper name for such things) have you found any mask which works well outside of N95's?
I've had issues using the things in an Uber. I seriously have airway issues using them and cannot wait for a, short, journey to be over. Whilst I have serious medical issues ( lupus and a failed immune system) respiratory issues aren't normally an issue for myself.
I'd personally find it useful but I imagine the OG poster's wife would as well.
That said if you've not had any issues yourself of course you probably wouldn't have looked at alternatives. I also believe the SI is for a "face covering" so I am tempted simply to wrap some form of cloth around my face as nothing dictates what my face covering should/ must be.
I've had issues using the things in an Uber. I seriously have airway issues using them and cannot wait for a, short, journey to be over. Whilst I have serious medical issues ( lupus and a failed immune system) respiratory issues aren't normally an issue for myself.
I'd personally find it useful but I imagine the OG poster's wife would as well.
That said if you've not had any issues yourself of course you probably wouldn't have looked at alternatives. I also believe the SI is for a "face covering" so I am tempted simply to wrap some form of cloth around my face as nothing dictates what my face covering should/ must be.
i personally have a selection of three tightly woven cotton masks for social use, prioritising social distance, avoidance of face to face contact and regularly washing hands.
For Someone feeling claustrophobic, they could try a more formed mask that doesn’t cling to the face or the surgical masks as they tend to be lighter and allow more heat exchange.
Hope that helps.
Last edited by navylad; Jul 16, 2020 at 11:43 pm
#17
Join Date: Jul 2018
Posts: 1,281
OP, sounds like you are exempt. As CWS said have a word with the cabin crew, if you keep a low profile it is doubtful Heathrow will bother you too much, you are not the only person who has difficulties with masks.
don’t listen to other people, do what is best for you (again following the general laws of course), but the laws on masks are not as strict as some people want you to believe, you are exempt if you have a valid reason not to wear a mask.
don’t listen to other people, do what is best for you (again following the general laws of course), but the laws on masks are not as strict as some people want you to believe, you are exempt if you have a valid reason not to wear a mask.
But you're right, there's no serious enforcement. It's an average of 2 fines a day in England - and I doubt the government is going to go after the lifelong rebels. But I'm not sure this helps the OP's wife.
#18
Join Date: Jan 2016
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OP I completely understand what your wife is going through. What I did at LHR was that I kept a very low profile and stayed away from people as much as I can and no one bothered me or asked me questions, but chances are you will be stared at. If you wear a face shield, at least it shows you are protecting yourself and you will stand out less.
It's not necessarily breaking the law that's the issue here (you aren't), it's people's perception of the situation. A previous thread I started got replied to that BA specifically allow for medical exemptions and will not challenge you on it. Hope you find a good solution in an unpleasant situation.
It's not necessarily breaking the law that's the issue here (you aren't), it's people's perception of the situation. A previous thread I started got replied to that BA specifically allow for medical exemptions and will not challenge you on it. Hope you find a good solution in an unpleasant situation.
#20
Join Date: Oct 2015
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On a train from Berlin to Switzerland last week, the (clearly very frustrated) train manager made an announcement that face coverings were mandatory and that if anyone didn't wish to wear one they should leave the train at the next station. I, too, think that this will become more common on all forms of transport, and that passengers with genuine medical exemption will be expected to prove that exemption in some way.
Last edited by Misco60; Jul 16, 2020 at 12:32 am
#21
Join Date: Jun 2008
Location: Oslo, Norway
Posts: 557
Check local rules and regulations wherever you go, it varies by airline by country and by local region!
For example in Spain you can get a EUR100 fine for not wearing a mask, and in Norway airlines are saying masks on planes are mandatory (no scarfs/bandanas!) even there are no local recommendation to use masks in Norway.
#22
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I was waiting for someone to witness that. Now we can openly wear something that could have caused us to be arrested (??) had we tried it during normal times.
Was there any reaction to the balaclava from security or BA though? Was it deemed to be legitimate, and did he/she have to take it off at security?
(Just reminiscing, on a slightly different matter, I guess a balaclava would have worked with IRIS but not with eGate)
Was there any reaction to the balaclava from security or BA though? Was it deemed to be legitimate, and did he/she have to take it off at security?
(Just reminiscing, on a slightly different matter, I guess a balaclava would have worked with IRIS but not with eGate)
#23
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The relevant law is found in The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020, Regulation 2(1) defines 'face covering' as follows:
"2(1) In these Regulations— “face covering” means a covering of any type which covers a person’s nose and mouth;"
There is nothing which indicates the covering must be cloth, or must be in the form of a mask or similar.
"2(1) In these Regulations— “face covering” means a covering of any type which covers a person’s nose and mouth;"
There is nothing which indicates the covering must be cloth, or must be in the form of a mask or similar.
#24
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And just to repeat a suggestion made elsewhere by navylad, people with less visible disabilities can consider wearing the sunflower lanyard, Scotrail and LNER are actively suggesting this.
Last edited by corporate-wage-slave; Jul 16, 2020 at 2:02 am
#25
Join Date: Jul 2017
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I was waiting for someone to witness that. Now we can openly wear something that could have caused us to be arrested (??) had we tried it during normal times.
Was there any reaction to the balaclava from security or BA though? Was it deemed to be legitimate, and did he/she have to take it off at security?
(Just reminiscing, on a slightly different matter, I guess a balaclava would have worked with IRIS but not with eGate)
Was there any reaction to the balaclava from security or BA though? Was it deemed to be legitimate, and did he/she have to take it off at security?
(Just reminiscing, on a slightly different matter, I guess a balaclava would have worked with IRIS but not with eGate)
All face coverings are removed at security. For all the rules, I observed pragmatism to be prevail the prevailing sense. Surprisingly few jobsworths.
#26
Join Date: Nov 2010
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I hope you were also wearing your suit with arrows woven in
#27
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On a related note what's the BA rules with masks and small kids ? - there's no mention either way on the https://www.britishairways.com/en-gb...lcome-on-board pages
DFT guidance for public transport is kids under 11 don't need them ... I guess similar applies with BA but does anyone have any recent experience ?
DFT guidance for public transport is kids under 11 don't need them ... I guess similar applies with BA but does anyone have any recent experience ?
#28
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On a related note what's the BA rules with masks and small kids ? - there's no mention either way on the https://www.britishairways.com/en-gb...lcome-on-board pages
DFT guidance for public transport is kids under 11 don't need them ... I guess similar applies with BA but does anyone have any recent experience ?
DFT guidance for public transport is kids under 11 don't need them ... I guess similar applies with BA but does anyone have any recent experience ?
#29
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Actually, that's the thing, personally, I would not consider that a face shield "covers" the mouth and nose. The reason I would say that is nothing to do with the fabric, but the fact that with a face shield, there is no contact, and as a result, the face shield simply does not deliver on the purpose on the regulation which is to make you (significantly) less likely to contaminate others if you are yourself infected. It's hard t find a good equivalent as an example, but I guess the closest thing I can think of is if you want to buy plastic-wrapped meat in a supermarket and you are given a piece of meat in a plastic bag instead, that is not really the same thing and I personally do not think that it would qualify as plastic-wrapped meat.
Looking at this purely from a legal perspective; if a face shield is insufficient this exposes an inadequacy in the drafting of the Regulation. There is no suggestion in the text of the Regulation that a face shield would not satisfy the requirement to wear a face covering.
If the government believed a face shield/visor to be insufficient the drafters could (and should) have drafted the Regulation accordingly, giving particular care to the definition of 'face covering'. It would have been a simple exercise to provide clarity. Given the Reg's wording, anyone finding themselves before the beak for choosing to wear a face shield would almost certainly be acquitted because the definition of 'face covering' in the Regulation is far too wide legally speaking.
A properly worn face shield covers the whole face, whereas a mask covers only the mouth and nose. Given the way the Regulation is drafted, nothing in there suggests a properly worn face shield would not satisfy the Regulation:
"2(1) In these Regulations— “face covering” means a covering of any type which covers a person’s nose and mouth;"
Perhaps the government will clarify this point when they introduce the Regulation which will require the wearing of 'face coverings' in shops.
#30
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I think this is very much the point that they chose not to be prescriptive. There is also the significant use of the word "include" in the exemptions, posted above (thereby suggesting there are other reasonable excuses). Having checked a lot of the regulations and Statutory Instruments, I've come to the view that HMG isn't in the game of trying to tie down every detail on the enforcement side, it is merely providing a mechanism for Fixed Penalty Notices for those who are stupid or wilful, with a high bar to that even. Otherwise so long as someone is making an endeavour then that's good enough. We will never resolve this pandemic by dragging lots of people to court, despite what some would appear to believe, so there is a method in this. Consequently I agree with you that a magistrate is likely to hold that a face shield is good enough, but in any event there is no danger of the OP having to worry about it getting to that point.