408-478-4100

By:  Lisa Chapman, Esq.

OVERVIEW

On April 29, 2020, the County of Santa Clara updated its March 31st shelter in place Order.  The order extends the shelter in place policy to May 31, 2020.  It also allows a limited number of additional Essential Businesses and certain lower risk Outdoor Businesses to resume operating.  Anyone who needs to leave their place of residence for the limited purposes allowed in the new Order must comply with social distancing requirements. The prior social distancing requirements remain the same: maintain a six-foot distance from individuals not part of the same household, frequently wash hands, cover coughs and sneezes, wear a face covering in public and avoid social interaction when sick with COVID-19 symptoms or have a fever.

OBLIGATION TO UPDATE, POST, IMPLEMENT AND DISTRIBUTE TO PERSONNEL A SOCIAL DISTANCING PROTOCOL

Businesses who are allowed under the Order to operate or resume operations are obligated to comply with this requirement.  Except for construction businesses, the protocol to be followed is the “Social Distancing Protocol.”  Construction businesses must comply with the “Construction Project Safety Protocols.”  These Protocols can be found at https://www.sccgov.org/sites/covid19/Pages/order-health-officer-050420.aspx

EXPANSION OF DEFINITION OF ESSENTIAL BUSINESSES, NOTABLY CONSTRUCTION BUSINESSES

The Order expands the definition of Essential Businesses. The following are now considered “Essential Businesses”:  healthcare operations and businesses that operate or maintain essential infrastructure, grocery stores and stores selling food items and other household and pet consumer products, food production (farming, fishing, etc.), providers of shelter and social services, construction, media, gas stations and businesses related thereto, businesses that cater to homes and structures (hardware stores, plumbers, electricians, exterminators), shipping and mailing businesses, educational institutions, businesses that cater to laundry services, restaurants for carry out purposes only, funeral services, transportation businesses, businesses that cater to home care, professional services (legal, accounting) when necessary to comply with non-elective activities, moving companies, and childcare facilities or homes.

LIMITATIONS ON HOW BUSINESSES MUST CONDUCT OPERATIONS ARE SIMILAR TO THE PRIOR ORDER

This includes limiting the number of individuals who can enter a facility at any time, requiring face covering, managing lines with six-foot increments, providing sanitizing materials, providing contactless payment, sanitizing surfaces, etc.

LIMITATIONS ON TRAVEL ARE SIMILAR TO THE PRIOR ORDER

Individuals may not travel unless it involves the following: conducting certain essential activities (buying food, etc.), conducting Outdoor Activities (going to parks, running, etc.), performing minimum basic operations at Non-Essential Businesses, commuting to an Essential Business (hospitals, stores selling essential items, first responders, government, etc.) or commuting to an Outside Business.

If you have any questions please do not hesitate to contact the author Lisa Chapman, Esq. at lchapman@strategylaw.com

All blogs on this site are for educational purposes only, do not constitute legal advice or opinion, and should not be applied to your situation, or any specific situation, without consultation with counsel. Strategy Law, LLP does not provide any legal advice concerning any matter discussed in a blog except upon formal engagement including, without limitation, execution of Strategy Law, LLP’s formal legal services agreement, and with respect to specific factual situations.  No blog constitutes a guaranty, warranty, or prediction regarding the result of any legal matter discussed in the blog or any representation.

 

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