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Santa Clara County Enters New Phase to Contain the Coronavirus as Health Officer Issues Updated Order

As COVID-19 numbers continue to climb, the Santa Clara County Health Officer has taken steps to balance efforts to contain the virus while recognizing that many local businesses have been unable to operate for months, by issuing a new Order that becomes effective on Monday, July 13, 2020. Santa Clara’s newest Health Order imposes strict across-the-board risk reduction measures on businesses and activities, while allowing certain activities to resume, provided the risk reduction measures are followed. Facilities that were already open must meet the new requirements by Monday, July 13 to continue operating.

Key aspects of the Order that require businesses’ immediate attention include the following:

1. 1. Santa Clara businesses must complete a new, updated online Social Distancing Protocol for each facility within the County, sign it under penalty of perjury and post it on the County website for public viewing. Businesses that are already operating must complete this new Social Distancing Protocol form by the effective date of the Order (July 13). Businesses newly allowed to reopen must complete the protocol form prior to reopening (but they may not reopen before July 13).
   2. All businesses must, within 4 hours of learning a worker is confirmed to be positive for COVID-19, report that information to the County Public Health Department.
   3. All businesses must also have in place a requirement that their workers inform them if they test positive for COVID-19.
   4. In addition, businesses must continue to let workers do their jobs from home to the extent possible, going into the facility only to do those aspects of the job that cannot be performed at home. There must not be more than one worker per 250 gross square feet of the facility and not more than one customer or member of the public per 150 square feet of space open to the public.
   5. All businesses (not just essential businesses) must continue to require employees and customers to maintain social distancing (stay 6 feet apart from others), wear face coverings, and provide hand washing or sanitation supplies to customers and staff.

For more detailed information, we have listed links to the new Order, the Social Distancing Protocol form, and other requirements below:

Health Risk Reduction Order https://www.sccgov.org/sites/covid19/Documents/07-02-20-Health-Officer-Order.pdf

New Social Distancing Protocol https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx

Requirements for all Businesses https://www.sccgov.org/sites/covid19/Documents/COVID-19-Requirements-for-All-Businesses.pdf

What Should Customers See in Every Business https://www.sccgov.org/sites/covid19/Documents/COVID-19-What-Should-Customers-See.pdf

Mandatory Health Officer Directives for specific business sectors and activities, including:

• • Personal Care services (hair and nail salons, tattoo and piercing parlors, massage therapy and other personal care services) https://www.sccgov.org/sites/covid19/Documents/Mandatory-Directives-Personal-Care-Services.pdf
  • Outdoor dining https://www.sccgov.org/sites/covid19/Documents/Mandatory-Directives-Outdoor-Dining.pdf
  • Construction
  • Food facilities https://www.sccgov.org/sites/covid19/Documents/Mandatory-Directives-Food-Facilities.pdf
  • Gatherings (including social, religious, political, ceremonial, athletic, etc.)
  • Public Transit
  • Hotels/Motels
  • Agriculture
  • Outdoor pools
  • Recreation and Athletics
  • Childcare, summer camps, children activities
  • Gyms and fitness Centers https://www.sccgov.org/sites/covid19/Documents/Mandatory-Directives-Gyms-Fitness-Facilities.pdf

(For all business sector orders, please refer to https://www.sccgov.org/sites/covid19/Pages/business-guidance.aspx)

Please contact your Ricketts Case employment attorney for further guidance in navigating the COVID-19-related requirements applicable to your business.