Keep an Eye on County Public Health Orders
The Cal/OSHA ETS which relaxed mask measures back in June also allowed for local governments to make more restrictive rules. Due to a steep increase in cases in the County, with most of these new cases being the significantly more transmissible Delta variant, Sacramento County has chosen to implement additional restrictions.
According to an Order by the Health Officer of the County of Sacramento, effective tomorrow, July 30, face coverings must be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces. There are exceptions to the face covering requirement for (i) people working alone in a closed room; (ii) people actively eating/drinking; (iii) people who are obtaining certain medical or cosmetic services; and (iv) people who are specifically exempted from wearing face masks pursuant to other California Department of Public Health guidance. The Order also requires those responsible for the operation of indoor public settings to require all patrons to wear face coverings and post signage about masking requirements at all entry points. Additionally, there are further requirements for indoor and outdoor mega-events.
Importantly, the Sacramento County Order does not replace the Cal/OSHA ETS. The Order simply takes precedence over the more permissive ETS regarding employee face coverings.
Sacramento County is not the only county taking such steps in light of increasing cases and Delta variant exposure. Yolo County, Trinity County, and Los Angeles County are among the other local governments in California which have chosen to return to some level of masking, regardless of vaccination status. As we noted in our update yesterday, as well as in the title of this article, it is important to pay attention to local government as more counties, cities, etc., determine how they are going to proceed.
If you have questions about new county ordinances, the Cal/OSHA ETS, or anything relating to employment or labor law, please contact the experts at Young, Cohen & Durrett, LLP at (916) 569-1700.