Business Guidelines for Reopening California June 15th

June 9, 2021

Reopening Plans

On May 21st, the California Department of Public Health (“CDPH”) released its plan to fully reopen the economy effective June 15th. [1] All sectors of the California economy may return to usual operations with no capacity limitations or physical distancing restrictions. [2] While this is great news, there are still some small wrinkles and exceptions in the reopening plan that you and your business should be aware of.

1. Mask and Quarantine Procedures

While the reopening plan cuts back on social distancing and capacity restrictions, masking guidelines are still governed by CDPH guidance’s and Cal/OSHA Emergency Temporary Standards (“ETS”).[3] There separate guidance’s and standards for masking are not included in the reopening plan. However, these guidance’s are subject to change independently at any time.

CDPH Guidance (General Public)

The current CDPH Guidance on masks contains two separate guidelines for vaccinated and unvaccinated persons. [4] Fully vaccinated persons are no longer required to wear masks outdoors unless they are attending crowded events like concerts or festivals. [5]  Unvaccinated persons are still required to wear masks outdoors any time that physical distancing can not be maintained and at crowded outdoor events. [6] School masking guidance’s are still in place and masks are required. Going forward, CDPH will continue to provide guidance around youth settings. [7]

Mask are still required in indoor setting regardless of vaccination status with some exceptions for vaccinated persons. [8] Fully vaccinated persons may visit other fully vaccinated persons in indoor settings. [9] Fully vaccinated persons may also visit with unvaccinated persons from a single household who are at a low risk for severe COVID-19 reactions. [10]

Cal/OSHA Emergency Temporary Standards (Employers)

Despite the less restrictive reopening guidelines for the general public, Cal/OSHA still maintains nearly all of the same guidelines for employers and workplaces.

Employers must ensure that employees maintain at least six feet of distance from other persons unless it is not possible, in which case employees should be as far from others as possible. [11]  The ETS also requires employers to provide employees with face coverings and ensure they are worn over the nose and mouth when indoors and when outdoors, and within 6 feet of another. [12]

Employers must continually exclude from work employees who are not fully vaccinated if they (1) are COVID-19 cases, or (2) have had COVID-19 exposure. [13] Fourteen-day quarantines are still recommended, however, an exposed employee who does not develop symptoms of COVID-19 may return to work after 10 days since the last known exposure. [14] The only major update from Cal/OSHA deals with fully vaccinated employees who have an exposure or close contact with COVID-19. [15] The new ETS guideline provides that fully vaccinated individuals who have had a COVID-19 exposure do not need to quarantine from the workplace if they are asymptomatic. [16]

2.     Mega Events

“Mega Events” are events with greater than 5,000 attendees when indoors and greater than 10,000 attendees when outdoors. [15] The reopening guidelines are different for indoor and outdoor mega events.   

Indoor Mega Events

In addition to the general public health recommendations, all attendees of indoor mega events are required to provide proof of fully vaccinated status or a pre-entry negative COVID-19 test. [18] Pre-entry negative testing must be conducted within 72 hours before the event start time. [19]  Along with this, all attendees are required to wear masks under the normal CDPH guidelines regardless of vaccinated status. [20]

Outdoor Mega Events

Outdoor mega events are safer than indoor events according to the CDPH and therefore, vaccine verification and negative quests are “strongly recommended” but not required. [21]  CDPH recommends that all attendees who do not verify their vaccination status be required to wear masks. [22] CDPH masking guidelines are still required at crowded outdoor events as well for all persons whether vaccinated or unvaccinated. [23]

Tyler Law LLP is keeping up to date with the latest COVID-19 developments and can help advise your business on best practices unique to your situation.

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