By Andrea P. Sumits, Partner
On May 7, the State of California issued re-opening guidance for seventeen different industry sectors. The new guidance requires businesses, prior to re-opening, to implement five types of protective measures, including:
Perform a detailed risk assessment and implement a site-specific protection plan
Train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
Implement individual control measures and screenings
Implement disinfecting protocols
Implement physical distancing guidelines
Each industry-specific guidance document provides detailed recommendations and considerations for each of the above protective measure categories. In addition to the guidance documents, the State has published “checklists” for each industry, and suggests that a business complete the checklist and post it in the workplace so employees will know what measures have been implemented to protect them from COVID-19 exposure. The industry sectors for which guidance has been issued are:
· Agriculture & Livestock · Auto dealerships · Communications infrastructure · Construction · Delivery services · Energy & utilities · Food packing · Hotels & lodging · Life sciences · Logistics & warehousing facilities · Manufacturing · Mining & logging · Office workspaces · Ports · Public transit and intercity passenger rail · Real estate transactions · Retail
Each guidance document also notes that businesses must consider specific additional requirements for vulnerable employee populations, “be prepared to” adhere to guidance issued by CDC and California Department of Public Health, and be prepared to alter their plans as guidance changes. In addition, the State guidance may not apply if local or regional orders are more stringent.
The State’s guidance documents and checklists may be found here. Consulting with legal counsel is recommended to ensure worksite plans for re-opening meet state and federal criteria.
Andrea is a Partner at Environmental General Counsel LLP. She handles a wide range of environmental and occupational health & safety matters. She advises companies in the consumer product, commercial office, retail, residential, industrial, and hospitality sectors on regulatory compliance and represents clients in agency enforcement actions.
T: 510-495-1409 E: ASumits@egcounsel.com
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The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice