The County of Los Angeles Health Officer issued an Order requiring employers to post a notice and implement certain social distancing protocols. The Order remains in effect through May 15, 2020, or until it is extended, rescinded, superseded or amended and is applicable to all essential businesses within all unincorporated areas and cities within the County of Los Angeles, with the exception of the cities of Long Beach and Pasadena. 

In support of this Order, the County has developed a document titled "Social Distancing Protocol." A copy of the Social Distancing Protocol to be filled out and posted may be found HERE. This document must be posted at each public entrance to the facility.

Essential Businesses are required to implement the protocols identified in the Social Distancing Protocol by no later than April 15, 2020. If a business does not implement all of the measures below, then it must be prepared to explain why the measure that is not implemented is inapplicable to the business.  The following is summary of the measures that must be implemented:

Q: What type of posting/signage is a business required to have?

A:  In addition to the Social Distancing Protocol document identified above, signage at each public entrance is required to inform all employees and customers that they should:

  • Avoid entering if they have a cough or fever;
  • Maintain a minimum of six feet from one another


Q: What measures must a business take to protect employee health?

A:  The following measures must be taken (depending on the applicability to the facility):

  • Every employee that can carry out their duties from home has been told to do so;
  • All employees have been told not to come to work if sick;
  • Symptom checks are being conducted before employees may enter the workplace;
  • All employees who have contact during their shift with the public or other employees are offered a face covering (at no cost to the employee) to be used at work when interacting with others;
  • All desks or individual workstations are separated by at least six feet;
  • Break rooms, restrooms, and other common areas are being disinfected frequently and on a posted schedule;
  • Disinfectant and related supplies are available to all employees at posted location(s);
  • Hand sanitizer effective against COVID-19 is available to all employees at posted location(s);
  • Soap and water are available to all employees at posted location(s);
  • Employees are allowed frequent breaks to wash their hands;
  • Copies of the Protocol has been distributed to all employees; and
  • Any optional measures that the business has decided to take.

Q: What measures must be taken to prevent crowds from gathering?


  • Limit the number of customers in the store at any given time, which allows for customers and employees to easily maintain at least six-foot distance from one another at all times;
  • List the maximum number of customers in the facility;
  • Post an employee at the door to ensure the maximum number of customers in the facility is not exceeded;
  • Place per-person limits on goods that are selling out quickly to reduce crowds and lines; and
  • Any optional measures the business has decided to take.

Q: What measures must be taken to keep people at least six feet apart?

A:  The following measures must be taken (depending on the applicability to the facility):

  • Place signs outside the store reminding people to be at least six feet apart, even in line;
  • Place tape or other markings at least six feet apart in customer line areas inside the store and on walkways at public entrances;
  • Separate "Order" areas from "Delivery" areas to prevent customers from gathering;
  • Instruct all employees to maintain at least six feet distance from customers and from each other (except employees may momentarily come closer when necessary to accept payment, deliver goods, services, or when otherwise necessary);
  • Optional: Institute one-way aisles; and
  • Any optional measures the business has decided to take.

Q: What measures must be taken to prevent unnecessary contact?

A:  The following measures must be taken (depending on the applicability to the facility):

  • Prevent people from self-serving any items that are food-related;
  • All items are pre-packaged in sealed containers by staff;
  • Bulk-item food bins are not available for self-service use;
  • Food item samples are prohibited.
  • Provide for contactless payment, if not possible, then sanitize payment systems regularly; and
  • Any optional measures (like senior-only hours) the business has decided to take.
 
Q: What measures must be taken to increase sanitization?

A:  The following measures must be taken (depending on the applicability to the facility):

  • Restrooms normally open to the public are to remain open to the public;
  • Disinfecting wipes that are effective against COVID-19 are available near shopping carts and baskets;
  • Employee(s) are assigned to disinfect carts and baskets frequently (preferably after each use);
  • Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility, at checkout counters; and anywhere else inside or immediately outside the store where individuals have direct interaction;
  • Disinfect all payment portals, pens and styluses after each use;
  • Disinfect all high-contact surfaces frequently; and
  • Any optional measures the business has decided to take.

If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com .

Sincerely,
Richard S. Rosenberg
Katherine A. Hren
Alexis Cirkinyan
Ballard Rosenberg Golper & Savitt LLP