Federal and State Public Health Resources & Guidance: Nossaman LLP

Latest update on 09.09.2020 at 4:45 p.m. PT

Federal and State Public Health Resources & Guidance

Federal

The World Health Organization provides a global perspective on the coronavirus pandemic, offering guidance, medical resources, and situation updates on the pandemic at large.
The Center for Disease Control’s Coronavirus (COVID-19) webpage is the central destination for public health guidance, resources, and updates on the course of the COVID-19 pandemic in the United States.

The CDC offers Interim Guidance for Businesses and Employers and Cleaning and Disinfection Recommendations for businesses remaining in operation. The CDC strongly encourages coordination with state and local health officials.
Special guidelines apply to the healthcare industry and shipping industry.
The CDC also outlines strategies for long-term care facilities and nursing homes and higher education institutesto prevent the spread of COVID-19.
On March 27, 2020, the CDC issued guidance describing how office buildings can reopen safely. Office building employers should ensure that they are following the CDC’s guidance, as well as all applicable guidance from federal, state, and local authorities, before returning employees to the office worksite.
On May 28, 2020, the CDC quietly issued a 60-page document, “CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan Opening America Up Again.” The document offers detailed guidance for reopening businesses, health care facilities, transit, and other industries, in accordance with the President’s reopening plan.
On June 8, 2020, the CDC released its Workplace Decision Tool to assist employers in making reopening decisions during the pandemic. As of June 8, 2020, the CDC provides the guidance for industries with a particularly high-risk of COVID-19 spread, including:

On June 13, 2020, the CDC issued guidance outlining different testing strategy options that employers should consider when a COVID-19 case is identified in a high-density critical infrastructure workplace.
[UPDATE] On August 26, 2020, the CDC withdrew its recommendation that asymptomatic individuals with known or suspected exposure to coronavirus submit to COVID-19 testing. The CDC’s guidance now states that testing is unnecessary unless the exposed individual is a “vulnerable individual” or has been directed to undergo testing by a health care provider or State or local public health official.

Organizations and persons interested in COVID-19’s impact on the federal government’s healthcare programs may want to check out the Department of Health & Human Services website and the Center for Medical and Medicaid Services’ (“CMS”) current emergencies webpage on COVID-19.
The U.S. Department of State issues travel advisories and updates on its dedicated COVID-19 webpage.

State (California)

California-specific public health orders, resources, and updates on the COVID-19 pandemic are available on the dedicated Coronavirus (COVID-19) in California website. Further information on the stay-at-home order can be found here.

The California Department of Public Health’s website also offers public health information and updates on the COVID-19 pandemic.

On March 19, 2020, Governor Newsom issued a statewide stay-at-home order to combat the spread of COVID-19. Under the Governor’s executive order, California residents must now obey directives issued by California’s Department of Public Health, including an order to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors. The order takes effect immediately, and will remain in place until further notice.

The State Public Health Officer has issued guidance clarifying which industries are critical.
The U.S. Cybersecurity & Infrastructure Security Agency (“CISA”) offers a detailed overview of the 16 critical infrastructure sectors.
The CISA memorandum referenced in California’s statewide stay-at-home order contains identifies industries in 14 critical infrastructure sectors, some of which are not listed on the CISA website. Employers should work with counsel to determine whether they may keep their operations open.
On March 21, 2020, Governor Newsom issued Executive Order N-35-20, which addresses a host of issues impacting public agencies, health care, and statutory deadlines for filing specified claims.
On April 14, 2020, Governor Newsom announced that decisions to modify or lift the statewide stay-at-home order will be guided by six key indicators:

The ability to monitor and protect our communities through testing, contact tracing, isolating, and supporting those who are positive or exposed;
The ability to prevent infection in people who are at risk for more severe COVID-19;
The ability of the hospital and health systems to handle surges;
The ability to develop therapeutics to meet the demand;
The ability for businesses, schools, and child care facilities to support physical distancing; and
The ability to determine when to reinstitute certain measures, such as the stay-at-home orders, if necessary.

On May 4, 2020, Governor Newsom announced that California is on-schedule on our Reopening Roadmap Report Card and we will begin to move into Stage 2 on Friday, May 8. Guidelines for businesses will be released later this week.
On May 22, 2020, Governor Newsom launched California Connect, the state’s comprehensive contact tracing program and public awareness campaign. As part of California Connected, public health workers from communities across the state will connect with individuals who test positive for COVID-19 and work with them, and people they have been in close contact with, to ensure they have access to confidential testing, as well as medical care and other services to help prevent the spread of the virus.

Local (California)

A Directory of Local Health Departments is available on the National Association of County and City Health Officials’ (NACCHO) website. This feature should help employers to quickly find their county’s local health department’s website and contact information. Employers should work with counsel to navigate the various state and local public health orders.
[UPDATED FREQUENTLY] Several California counties and cities have issued shelter-in-place orders or directives. Please note that the following orders are superseded to the extent they are inconsistent with the statewide stay-at-home order and any future orders issued by the Department of Public Health.

Alameda County (issuing updated order on August 28, 2020)
Alpine County (following state order)
Amador County (following state order)
Butte County (following state order)
City of Berkeley (issuing updated order on September 2, 2020)
Calaveras County (following state order)
Colusa County (following state order)
Contra Costa County (amended 8/26/2020)
Daly City
Del Norte County (following state order)
El Dorado County (following state order)
Fresno County (following state order)
Glenn County (following state order)
Humboldt County (issuing updated order on June 17, 2020, among changes to other active health orders)
Imperial County (issuing updated order on August 31, 2020, among changes to other active health orders)
Inyo County (following state order)
Kern County (following state order)
Kings County (following state order)
Lake County (issuing updated order on May 20, 2020)
Lassen County (following state order)
Los Angeles County (issuing updated order on August 12, 2020)
City of Los Angeles (issuing updated order on August 7, 2020)
Madera County (following state order)
Marin County (issuing updated order on August 24, 2020, among changes to other active health orders)
Mariposa County (following state order)
Mendocino County (issuing updated order on August 28, 2020, among changes to other active health orders)
Merced County (following state order)
Modoc County (following state order)
Mono County (following state order)
Monterrey County (following state order)
Napa County (issuing updated order on July 18, 2020, and tracking compliance with California’s Blueprint for a Safer Economy on August 28, 2020)
Nevada County (following state order)
Orange County (following state order, with county health officer orders and recommendations updated July 14, 2020)
Placer County (following state order)
Plumas County (following state order)
Riverside County (following state order)
Sacramento County (issuing updated order on August 31, 2020)
San Benito County (following state order)
San Bernardino County (following state order)
San Diego County (issuing updated order on August 7, 2020, among changes to other active health orders)
San Francisco County* (issuing updated order on September, 2020, among changes to other active health orders, directives, and guidance)
San Joaquin County (following state order)
San Luis Obispo County* (following state order)
San Mateo County* (issuing updated order on June 17, 2020)
Santa Barbara County (following state order)
Santa Clara County (issuing updates August 28, 2020)
Santa Cruz County (following state order, with county guidance and resources)
Shasta County (following state order)
Sierra County (following state order)
Siskiyou County (following state order)
Solano County (issuing updated order on September 1, 2020, among other changes)
Sonoma County (issuing updated order on July 22, 2020)
Stanislaus County (following state order)
Sutter County (following state order)
Tehama County (following state order)
Trinity County (following state order)
Tulare County (following state order)
Tuolumne County (following state order)
Ventura County (issuing updated order on August 31, 2020, among changes to other public health orders and guidance)
Yolo County (following state order)
Yuba County (following state order)

*These entities extended their respective (practically identical) shelter-in-place orders through at least May 3, 2020. Many have extended their orders until further notice.

The revised orders continue to require people to stay at home except for doing essential activities, such as grocery shopping, and non-essential businesses will remain closed. The updated orders also add clarifying language regarding essential businesses, prohibited activities, and new obligations for employers included the posting of Social Distancing Protocols.

On April 9, 2020, the Mayor of Los Angeles issued a revised Public Order requiring non-medical essential workers to wear non-medical grade face coverings while performing their work. The order became effective April 10, 2020, and is in effect until the end of the local emergency period.
On April 27, 2020, the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara, and the City of Berkeley, issued a joint statement announcing that their respective shelter-in-place orders will soon be extended through the end of May.
As of June 23, 2020, 54 out of California’s 58 counties have submitted variances attesting that they meet the requirements for advancing to Stage 2.5 and Stage 3 of California's Resilience Roadmap for reopening the state. The only counties that have not completed the variance process are Alameda, Imperial, San Francisco, and Santa Clara counties. These counties may not open late Stage 2 and early Stage 3 industries such as gyms, bars, hair salons, barbershops, schools, dine-in restaurants, movie theatres, shopping malls, or professional sporting events.
As of August 17, 2020, 42 counties are on the County Monitoring List, with 41 of those counties on the Monitoring list for 3 or more days subject to the additional restrictions in the July 13, 2020, State Public Health Officer Order mandating the closure of certain industries.
The above list of county shelter-in-place orders is current as of August 17, 2020, and will continue to be updated periodically.

Employers should work with counsel to ensure they are meeting their statutory and regulatory obligations under the laws touched upon in this Quick Reference Guide.

Federal and State Public Health Resources & Guidance

Latest update on 09.09.2020 at 4:45 p.m. PT

Federal and State Public Health Resources & Guidance

Federal

State (California)

Local (California)

Other Quick Reference Guides