COVID-19: LOCAL UPDATES

The State’s Response to COVID-19 Follows a Local Up Approach

NEW: CGA has partnered with the California Resiliency Alliance in posting additional information on the numerous local emergency orders throughout California. These orders can include mandates about what businesses may be opening, social distancing practices and use of face masks

Visit our Local Ordinance Database to see all facial covering ordinances in your areas of operation!

April 20, 2020: Alameda County Rounds Out Bay Area Face Covering Expansion

Last week, we updated you on the expanding facial covering mandates coming out of the Bay Area.

Contra Costa, Marin, and San Francisco County moved first and released Emergency Orders requiring the wearing of face coverings for both employees and customers at grocery stores.

These orders were followed by San Mateo County, and a slightly different angle taken by Santa Clara County, which “strongly recommending” use of facial coverings — having decided to not yet mandate through an order.

If you’re operating stores in the Bay Area, you can now add Alameda County to the list of counties requiring face masks of grocery shoppers and employees. The County’s new order can be read here.

April 17, 2020: New Facial Covering Mandates Appear in the Bay Area

This afternoon, Contra Costa, Marin, and San Francisco County released Emergency Orders requiring the wearing of face coverings.

These orders include both employees and customers at grocery stores, with enforcement to begin at 8 a.m. on Wednesday, April 22. The orders are similar in their language, and other Bay Area localities may join with similar orders — although none have been confirmed.

The new mandates also require essential businesses, such as grocers, to post signage and remind customers of the face-covering requirement.

Businesses must take reasonable steps to prohibit customers from violating the order, as well as prohibit customers without wearing facial coverings from entering, serve them and seek to remove them from premises.

Information for each county has been listed individually below:

April 15, 2020: New Operational and Employee Mandates

The Los Angeles County Board of Supervisors has passed an ordinance requiring several operational and employee mandates. The ordinance goes into effect immediately, Wednesday, April 15.

Several of the motion’s components, which CGA expressed concerns over, were not included in the final ordinance language. Additionally, many of these mandates are already required due to Emergency Orders by the County Health Department, or City of Los Angeles orders.

The full ordinance can be reviewed here while a brief summary of the ordinance language is below:

  • Worker means employee at retail location open to the public or who delivers to the public
  • Employer must provide:
    • Gloves and hand sanitizer, if commercially available
    • Disinfecting products
    • Face Coverings
    • Training on items use
  • Dedicated hand-washing/sanitizing stations for employees
  • Sanitary and stocked restrooms for use by employees
  • Sanitize shopping carts and baskets between each use
  • Shall not unreasonably withhold schedule change requests due to family care or COVID-19 symptoms
  • Permit employees to wash hands every 30 minutes
  • Provide special shopping hours for customers over 60
  • Signage informing customers of social distancing
  • Allow Food Delivery Platform Workers access to bathrooms
  • Mandates in place until Emergency Lifted

April 9, 2020: LA Grocery Worker Protection Ordinance

Los Angeles Mayor Eric Garcetti has approved the last grocery-related coronavirus ordinance left on his desk, which impacts employee schedule changes and rules around offering hours to existing employees. The ordinance takes effect on Friday, April 10.

Below is a summary of the Grocery Worker Protection Ordinance:

  • An employer must approve a change to a work schedule under specific circumstances:
    • An employee needs to provide daycare for their own child.
    • An employee must take care of an ill immediate family member or member of their household
    • If the employee feels ill, or exhibits signs of COVID-19.
  • Before hiring a new employee or contracting for service, hours must first be offered to existing employees.

The full ordinance can be read here.

April 8, 2020: City of Los Angeles Emergency Order for Supplemental Paid Sick Leave

Last night, Mayor Eric Garcetti issued an Emergency Order implementing Supplemental Paid Sick Leave while encouraging the Los Angeles City Council to continue to amend its own ordinance.

The order is effective immediately and only applies to the City of Los Angeles.

In summary the Order does the following:

  • Applies to businesses with 500 or more employees in the City, or 2,000 or more employees in the United States.
  • An employee is considered an individual who performs any work in the geographic boundaries.
  • Full-time workers receive 80 hours of supplemental paid sick leave.
  • Part-time employees receive an average of two-week period.
  • Supplemental paid sick leave shall be provided for:
    • Health provider recommendation to isolate or self-quarantine
    • Employees who are 65 or older with an existing health condition.
    • Care for a family member who is not sick, but requires isolation or self-quarantine.
    • Employee needs time off to take care of family member or child whose care provider ceases operation.
  • Order expires two weeks after local emergency period
  • Exemption for collective bargaining, if it contains COVID-19 leave provisions.

The full order can be read here.

April 7, 2020: LA Mandates Special Shopping Hours

A City of Los Angeles emergency ordinance that requires grocery stores to dedicate special shopping hours for the elderly, disabled and congregate living homes is now in effect.

For grocery stores larger than 10,000 sq. ft., the first hour the store is open must be limited to these special populations. As an emergency ordinance, it goes into effect immediately. The ordinance can be reviewed here.

April 5, 2020: Riverside County Mandates Facial Coverings for All

On April 4, Riverside County mandated that all individuals leaving their homes must wear face coverings. This means all essential employees, including grocery store employees, must wear facial coverings when at work.

This mandate goes into effect midnight on Sunday, April 5. The order also mandates all essential businesses to follow CDC and CDPH guidelines for social distancing and infection control.

Applying to all cities and unincorporated areas of Riverside County, the County’s definition of face coverings is very broad and includes scarves, masks, bandanas, or any other type of cloth covering. They discourage use of N95 masks and other medical masks.

The Riverside County press release can be read here while the emergency order can be reviewed here.

April 3, 2020: San Diego County Mandates Face Coverings for Grocers

Yesterday, we wrote that we expected to see face covering recommendations expand from a few cities and counties to many throughout the state.

At the time of publishing, San Diego County had yet to join the fray, but was believed to have its own version coming. Released late in the afternoon, the County’s addendum to its existing emergency declaration includes two updates: a “Safety and Sanitation Protocol” and a face-covering mandate for public-facing grocery store employees.

The “Safety and Sanitation Protocol” is a facsimile to what several Bay Area counties have already established, and it requires a worksheet, which must be followed, filled out, and made available to the public for viewing.

Among the protocols is disallowing consumers from bringing reusable items, including carryout bags, to the store. The worksheet must be implemented in all cities and unincorporated portions of San Diego County, completed and posted publicly no later than midnight, April 7.

The addendum’s second component is a mandate that all grocery store employees, who have contact with the public, shall wear a cloth face covering as described in CDPH Face Covering Guidelines.

This mandate is effective Saturday, April 4 at 12 a.m. It does not mandate that face coverings be provided by the employer.

While grocers are committed to the safety of our workers and customers, CGA continues to press San Diego County supervisors for either an implementation delay or resources to comply with the face-covering mandate, due to its very short compliance window.

Please contact Tim James by email or at 916-832-6149 with any questions or for additional information. We also encourage that you forward media inquiries to Dave Heylen.

April 2, 2020: Cloth Face Coverings

This week marks another turning point for the cadence being set by local governments seeking to combat COVID-19.

Last night, April 1, Mayor Eric Garcetti announced a new recommendation that City of Los Angeles residents use cloth face coverings to enhance physical distancing.

At the county level, Riverside County health officials are recommending its residents use face coverings when leaving the home for essential outings, like visiting a grocery store or pharmacy. Other county announcements are likely to come.

The new recommendations around face coverings appear to be following a quicker cadence than we have seen with other COVID-19 safety measures. CGA advises its members to begin working towards implementation in anticipation that face covering recommendations will be released more widely throughout California.

The California Department of Health Services has released a face coverings guidance that should be reviewed to help inform your company’s implementation strategy. The guidance can be viewed here.

It’s important to note face coverings are not considered medical-grade masks, like N95 respirators, which should be reserved for health professionals.

March 31, 2020 (Evening): Bay Area Social Distancing Mandates

Today, County Health Directors from six San Francisco Bay Area counties have extended their stay-at-home order and added more and stricter social distancing mandates, which impact grocery stores. The counties making this order include Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.

The new order requires essential businesses, which includes grocery stores, to develop, implement and post a social distancing protocol before April 3. These required protocols include specific measures to protect employee health, prevent crowds, prevent unnecessary contact and to increase sanitization standards. Social Distancing Protocol requirements are linked below.

The stay-at-home order goes into effect at 11:59pm on Tuesday, March 31. The “Social Distancing Protocol” for each essential facility must be posted at the entrance of each facility and visible to the public and employees no later than 11:59pm on April 2, 2020.

It is expected that other Bay Area Counties beyond the initial six will also mirror this order. It could also serve as a template for other counties and cities across California.

Please note the links below are specific to Santa Clara County, but the orders are exactly the same across all six counties.

Santa Clara County Order Language

Social Distancing Protocol Requirements

March 31, 2020 (Evening): Los Angeles County Grocery Ordinances

March 31, 2020 (Morning): City of Los Angeles Grocery Ordinances

CGA will continue to keep you updated on these pending local laws. Contact Tim James for questions or additional information via email or at 916-832-6149.

Supermarkets First Hour of Business

Grocery Worker and Public Health Protection

Supplemental Paid Sick Leave

March 27, 2020: League of Cities Tool

The California League of Cities has created a map for tracking city COVID-19 emergency responses. While CGA is also tracking local government orders, this too from the League is a great additional way to stay up to date on the latest ordinances. Visit their website here.

March 18, 2020: Local Government Orders

Several local governments in California have made orders regarding gatherings, essential services and sheltering in-place. While these orders will impact grocery operations in some manner, every order and mandate to date has recognized that grocery stores are essential services and will remain open. Due to the critical role grocery stores serve in society full closures of stores is not expected.

There have been several significant orders in the City and County of Los Angeles and the counties compromising the San Francisco Bay Area. These orders include restrictions on in-store dining, social distancing within stores and removal of trucking curfews. CGA has posted currently available local orders on its webpage.