Updated July 16, 2021
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Dealership Operations and Health Requirements
LA County Issues New Indoor Mask Mandate; Sacramento and Yolo Counties Issue Advisories. (Updated July 16, 2021)
Earlier today, the Los Angeles County Department of Public Health announced the return of the indoor mask mandate. Sacramento County and Yolo County also recently issued non-binding advisories recommending that people wear masks indoors.
The LA County order is scheduled to go into effect on 11:59 p.m. Saturday, July 17. As such, LA County dealerships should prepare to resume requiring both customers and employees to wear masks indoors beginning Sunday morning.
The LA County Department of Public Health order has not yet been issued, but we expect it to be posted on their website by Friday. (Click here) You should review the final order before implementing changes at your dealership. If you have questions, do not hesitate to call our legal hotline at 916-441-2599.
At this point, we are not aware of any other local jurisdictions planning to implement a mask mandate, but new mandates may be possible in the event COVID-19 case numbers continue to increase.
Cal/OSHA Adopts New COVID-19 Rules – Fully Vaccinated Employees No Longer Required to Wear Masks In Most Situations. (Updated June 18, 2020)
Earlier today, the Cal/OSHA Board adopted new rules that relax a variety of requirements related to COVID-19 prevention in employment settings (including dealerships). Following adoption, Governor Newsom immediately issued an executive order, which made these new rules effective once they are filed with the Office of Administrative Law (OAL). (Click here.)
Since OAL filing is imminent, and there is no longer any doubt regarding Cal/OSHA’s decision, it is reasonable for California dealerships to begin implementing the new Cal/OSHA rules beginning June 18.
Significant changes in the new Cal/OSHA rules include:
- Fully vaccinated employees no longer need to wear masks in most circumstances, including indoors. Notable exceptions include when employees are in a vehicle with other persons (such as test drives or shuttle service).
- No employees need to wear face masks outdoors, but the use of masks outdoors is still recommended for employees that are not fully vaccinated when such employees cannot maintain 6 feet distance.
- Employers must gather and maintain information regarding employee vaccination status
- Most physical barrier and distancing requirements have been removed. (Distancing and barriers can still be required during certain outbreaks.)
- Employers will need to provide N95 respirators to employees upon request.
Notably, daily symptom screenings for all employees must continue, and symptomatic employees must continue to be excluded from the workplace.
The new Cal/OSHA rules are designed to align with the California Department of Public Health’s mask and distancing guidance, which was effective for dealership customers on June 15. (Click here.)
Cal/OSHA has issued an FAQ on its new rules, which you can access by clicking here.
You can access the regulations by clicking here.
California Announces Face Mask Rules Effective June 15 – Doesn’t Apply to Employees (Updated June 15, 2021)
The California Department of Public Health (CDPH) issued its updated rules on face masks, which take effect on June 15. The new rules state that face masks are not required for fully vaccinated individuals, excepted in limited circumstances.
Critically, these rules do not apply to employees, which are separately regulated by a more stringent Cal/OSHA rule.
Barring any last minute changes, the following appears to be the status of California’s face mask rules for customers on June 15:
- Fully vaccinated customers – face masks are not required indoors or outdoors, with the exception of test drives (with more than one person) and shuttle services, where face masks appear to be still required.
- Not fully vaccinated customers – face masks are still generally required indoors and outdoors. However, they are not required outdoors where distancing can be maintained.
The CDPH order further states that businesses can simply allow customers to self-attest that they are fully vaccinated prior to entry. It’s also okay for a business to continue to require all customers to wear masks. Finally, the order states that businesses should not prevent anyone from wearing a mask, if they elect to do so.
You can access the CDPH order by clicking here.
In sum, it appears that beginning June 15, California will no longer require fully vaccinated customers to wear face masks at dealerships, but that dealership employees will still be required to wear face masks in many circumstances, even if they are fully vaccinated. We are cautiously optimistic that Cal/OSHA will relax this requirement for employees in the coming weeks, but it has not yet done so.
CNCDA began remote operations on Tuesday, March 17, 2020. Since this time, CNCDA staff has been in continuous contact with local and state officials on issues involving coronavirus and your business. Our legal hotline (916-441-2599) continues to operate and staff is fully accessible by phone or email to our members. And we are continuously developing compliance resources (such as this website and member alerts) to help our members during this difficult time.
This website is designed to provide California new motor vehicle dealerships with resources on issues involving the coronavirus (COVID-19). CNCDA will use its best efforts to continue to update this website, but this situation is rapidly evolving. Please also note that the materials on this website are for educational purposes, and are not intended as legal advice. For legal advice, contact competent counsel. For the most current information, please visit government websites for your jurisdiction or call CNCDA at 916-441-2599.
Media contact: Brian Maas (916) 441-2599 ext. 118