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Updated California Shelter-In-Place Orders Include New Requirement for Social Distancing Protocol

April 2, 2020 Articles

Several California counties updated their Shelter-In-Place orders to extend the compliance period and to further define and restrict essential business activities. An overview of the new restriction was published by Farella here.

One aspect of the updated orders that wine businesses should be aware of is the new requirement for any “Essential Business” to adopt a “Social Distancing Protocol” based on a form provided in the orders. The protocol must be adopted no later than midnight April 2, and must be posted at the entrance to the business and a copy provided to each employee who would access such business.

While Napa County has not adopted this Social Distance Protocol, we recommend wine businesses with Napa facilities implement the new requirement as good practice and in anticipation of Napa joining the counties.

The sample form can be found here, and below is the language on this point from the updated Sonoma County order.

For the purposes of this Order, all Essential Businesses must prepare and post by no later than 11:59 p.m. on April 2, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees.  The Social Distancing Protocol must be substantially in the form attached to this Order as Appendix A.  The Social Distancing Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees.  A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility.  All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.

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