Employers Must Post Certain Notices Upon Re-opening in Orange, San Diego, and Los Angeles Counties

As counties move to re-open businesses, many counties have issued requirements for businesses to post notices regarding their compliance with safe re-opening protocols.

Orange County

On May 29, 2020, and effective the same day, the County Health Officer of the Orange County Health Care Agency issued an amended order and strong recommendations to help slow the spread of COVID-19. Included in this amended order was a mandate that all businesses, industries, and entities listed on the state’s websites on industry guidance and county roadmaps that reopen in Orange County as part of Stage 2 of the State’s Resilience Roadmap post certain notices. All re-opening businesses, industries, and entities must post the following in a location visible to the public at the public entrances of each property:

1. Industry-specific checklist. The State of California has prepared checklists for a variety of industries and businesses to help these employers implement their plan to prevent the spread of COVID-19. These checklists can be found here. Scroll down to find your industry/business type and press the “+” on the right side. The checklists will be linked below.

2. An attestation by the owner and/or operator that the business has:

• Performed a detailed risk assessment and implemented a site-specific protection plan;
• Trained employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them;
• Implemented individual control measures and screenings;
• Implemented disinfecting protocols; and
• Implemented physical distancing guidelines.

San Diego County

San Diego County has a similar mandate effective as of May 27, 2020: All reopened businesses, other than restaurants providing dine-in services, must prepare and post a “Safe Reopening Plan” on this form for each of their facilities in the county. Restaurants providing dine-in services must prepare and post a “COVID-19 Restaurant Operating Protocol” on this form for each restaurant in the county. These documents must be posted at or near the entrance of the relevant facility and shall be easily viewable by the public and employees. Note that a copy of the Safe Reopening Plan or COVID-19 Restaurant Operating Protocol must also be provided to each employee performing work at the facility.

Los Angeles County

Los Angeles County has had similar notice requirements in place. Relevant businesses must post the relevant protocol notice at or near the entrance to the facility so that it is easily viewable by the public and employees. The required protocol that a business must post depends on the type of business. The order describes what protocol businesses need to post. The relevant information of the order starts on page 8. LA also has a website with available signs for businesses to post.

Other counties likely have similar requirements, so please reach out to a P&F attorney if your business is located in another county and you want to know your signage obligations. Please feel free to also reach out if you have any questions on the requirements discussed above.

Disclaimer: Laws, regulations, and guidance on matters related to COVID-19 change rapidly. Please contact your Payne & Fears attorney for current guidance.