The COVID Project
The record
- Jurisdiction
- California
- Level
- State
- Authority
- SPHO Order of May 7, 2020 paragraph 2 (sectors 'may reopen with certain modifications... designated, along with necessary modifications, at https://covid19.ca.gov/roadmap/'); SPHO Order of Aug. 28, 2020 paragraph 8 ('all CDPH guidance continues to apply statewide'); CDPH face-coverings guidance of June 18, 2020 (CA-016); Labor Code and Title 8 duties ('not a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA')
- Issued
- 2020-07-29 July 29, 2020
- Effective
- 2020-07-29 (this version; the first Retail guidance issued May 7, 2020 with the Stage 2 order) (read as 2020-07-29)
- End
- 2021-06-15 (industry guidance made non-mandatory by the SPHO Order of June 11, 2021 paragraph 4, CA-029) (read as 2021-06-15)
- In force
- July 29, 2020 to June 15, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitFace-covering requirementWorkplace rulesStanding dutyOperating condition
- Addressees
- specified businesses (retail establishments and their employers); the public within them
- Character
- order operating condition
- Collection
- Standing duties: California DUT-CA
Operative words
People in California must wear face coverings when they are engaged in work, whether at the workplace or performing work off-site, when: Interacting in-person with any member of the public... Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them.... Employers must provide and ensure workers use all required protective equipment
Penalty
Through the incorporating orders: Health and Safety Code section 120275 et seq. (DUT-CA-003) and Gov. Code section 8665 (DUT-CA-007); through the underlying regulations: Cal/OSHA citations and penalties (DUT-CA-010).
What it required
Stated the conditions on which retail establishments were permitted to operate under the May 7 and Aug. 28, 2020 orders: mandatory ('must') face coverings for workers, employer-provided or reimbursed face coverings, employer-provided protective equipment, signage reminding the public that they 'must use face coverings and practice physical distancing', a worksite-specific plan, screening, distancing and cleaning protocols, and compliance 'with all Cal/OSHA standards'; the accommodation policy is stated with 'should'.
Retrieval noteThe State's own PDF as captured by the Wayback Machine on Aug. 1, 2020. Verbs recorded exactly: 'must' for worker face coverings, employer-provided face coverings, protective equipment, signage and Cal/OSHA compliance ('The retail industry must comply with all Cal/OSHA standards and be prepared to adhere to its guidance as well as guidance from the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH)'); 'should' for the accommodation policy. The document recites that the State Public Health Officer's June 18, 2020 guidance 'requires the use of face coverings for both members of the public and workers in all public and workplace settings where there is a high risk of exposure' and that it 'is not a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA'. Its mandatory character within the period derives from CA-015 paragraph 2 and CA-017 paragraphs 1 and 8; from June 15, 2021, CA-029 paragraph 4 made industry guidance other than face coverings, mega-events, schools and child care 'not... mandatory'. One of more than thirty sector documents in the same form (office workspaces, manufacturing, logistics, restaurants, personal care and others), each cited by category where not saved.