Seven Bay Area counties and the City of Berkeley issued Health Orders mandating mask use for indoor public spaces such as places of work. The Orders apply to both vaccinated and non-vaccinated individuals. However, the Orders provide exceptions for individuals working alone in a closed office space, individuals that are eating or drinking, and individuals specifically exempted by the California Department of Public Health guidance such as individuals with medical conditions that prevent them from wearing a mask. The indoor mask mandates are effective August 3, 2021 and will continue to be in effect until rescinded. If your company has business in any of these locations, please review each applicable order for detailed information.

Note that in the workplace, workers must also follow Cal/OSHA mask requirements. Please consult with legal counsel for questions related to the Health Orders or Cal/OSHA.

The links to the relevant Health Orders are included below:

Seven Bay Area Counties– Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma—and the City of Berkley issued a press release on July 16, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant

As we updated just two weeks ago, Los Angeles County’s Department of Public Health was strongly recommending that everyone, regardless of their vaccination status, wear masks in indoor public places.  As of 11:59 pm on Saturday, July 17, 2021, the LA County Public Health Officer has ordered that everyone in Los Angeles County, regardless

On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (“EO N-31-20”) regarding the California WARN Act (Lab. Code §§ 1400, et seq.).  EO N-31-20 is often inaccurately described as suspension of the entire California WARN Act.  However, the Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department

On June 17, the Cal-OSHA board approved a set of revisions to the Emergency Transmission Standard (ETS) for COVID-19 issued on June 11 (June 11 Revisions). Pursuant to Governor Newsom’s Executive Order (see link), the new revisions take effect as soon as they are filed with the California Secretary of State and conform Cal-OSHA

On June 11, 2021, the California Department of Public Health issued a State Public Health Officer Order and Governor Gavin Newsom issued two related Executive Orders rolling back COVID-19 restrictions.  More information on these orders and announcement can be found below.

  1. On June 11, 2021, the California Department of Health issued the State Public Health Officer Order of June 11, 2021, mandating limited and temporary health requirements as of June 15, 2021.  The order replaces the previous pandemic public health orders with limited requirements related to face coverings and mega events, as well as settings with children and youth, as follows:
    • Fully vaccinated individuals do not need to wear masks, except for in the following settings where masks are required for everyone:
      1. On public transit (including, but not limited to, airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (including, but not limited to, airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation));
      2. Indoors in K-12 Schools, childcare, and other youth settings* (*This may change as updated K-12 school guidance is provided by the CDC);
      3. Healthcare settings (including, but not limited to, Long terms care facilities);
      4. State and local correctional facilities and detention centers; and
      5. Homeless shelters, emergency shelters and cooling centers.
    • Unvaccinated individuals are still required to wear masks and follow social distancing requirements in indoor public settings and businesses (including, but not limited to, retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).

On June 3, 2021, California’s Occupational Safety & Healthy Standards Board approved significant revisions to the initial COVID-19-related Emergency Temporary Standards (ETS) originally implemented on November 19, 2020 (see Perkins Coie’s previous blog post here). The amended regulations can be found here and will likely become effective on June 15, 2021, pending review by the California Office of Administrative Law—to be completed within 10 days—and will stay in place for 180 days.

On December 14, 2020, California Governor Gavin Newsom issued an Executive Order N-84-20 addressing the COVID-19 pandemic including, but not limited, to updating the California Division of Occupational Safety and Health’s (Cal/OSHA) emergency regulations, which went into effect November 30, 2020. The Executive Order modified the emergency regulations so that they incorporate the new California Department of Public Health’s (CDPH) COVID-19 Quarantine Guidance, specifically stating that the exclusion periods in Sections 3205(c)(10) and (11) are suspended to the extent that they exceed the longer of the applicable quarantine or isolation period recommended by CDPH.

As described here, on November 19, 2020, Cal/OSHA voted to implement sweeping new temporary emergency COVID-19 regulations. These emergency regulations are now in effect as they were approved by the Office of Administrative Law. Cal/OSHA has now provided additional guidance for employers, including the following: