Since the March 31, 2020 revised shelter in place order for the 6 Bay Area counties, all businesses have been required to send as many workers as possible to work from home. Businesses that are allowed to be open must follow public health orders from the state and the Santa Clara County Public Health mandatory directives, both for all businesses in general and the industry-specific directives. The links below will help locate which one(s) apply to each place of business. CA state also set srequirements for sick leave policies. OSHA also has federal safety regulations that may apply.
Here's what employers should do if a worker tests positive for COVID-19, according to the Order of July 2, 2020:
"Positive case reporting: All businesses (and governmental entities) are legally required to report to the Public Health Department within 4 hours if they learn that any of their workers are confirmed to be positive for COVID-19. They must also ensure workers alert them if they test positive."
The California Department of Industrial Relations clarifies state regulations around sick leave and employers' responsibilities in this period:
Businesses in San José with more than 25 employees are required to provide 80 hours of paid COVID sick leave to all employees from April 202 - June 30, 2021. (This also applies to employees who are caring for a family member with COVID-19 during this time). Details are explained in the FAQ document and more information is available on the webpage.
Per this order from the Governor's Office, protections for California's "workers in the food sector, including farmworkers, agricultural workers, and those working in grocery stores and fast food chains, and as delivery drivers" shall include paid sick leave and additional workplace safety measures:
If your business includes healthcare, or caring for other people, these state agency bulletins may apply.
Food business safety: Grocery stores and food pantries have been allowed to stay open since the first shelter-in-place order; restaurants (take out only) and food trucks also provided they follow the regulations. Outdoor restaurant dining was allowed across the Bay Area in June; indoor dining was allowed to open at restricted levels for awhile but has been closed again in Nov. 2020 as COVID-19 cases surge across theU.S. (including the Bay Area).
If a business or organization cares for other people on-site, these bulletins from government agencies may apply.
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