Workplace Updates: Santa Clara County Health Order, Workforce Vaccination Status, Mask Guidance, and more…

June 23, 2021

In the past several weeks, multiple announcements impacting COVID-19 safety regulations in the workplace have been released.   In addition to the June 15th lifting of capacity limits and physical distancing under “Reopening California” and the June 17th revision of the Cal/OSHA Emergency Temporary Standards ending face mask requirements in the workplace for fully vaccinated employees, the County of Santa Clara announced on June 21st that the latest Local Health Order regulating COVID-19 vaccination data for businesses will be phased out.

The May 18th Local Health Order required all businesses in Santa Clara County to determine the vaccination status of their personnel and to follow up every two weeks with those who had not yet indicated they were fully vaccinated. According to the latest announcement, the County’s May 18th order currently remains in place only for businesses that have not yet completed two rounds of “ascertainment of vaccination status” of their personnel — a first-round for all personnel and a second round for those who did not indicate they were fully vaccinated. An employee is considered fully vaccinated if they completed their vaccination series at least 14 days ago.

What does this mean as an employer?
As of June 21st, once a business completes the second round of ascertainment of vaccination status, the May 18th order no longer applies and they are no longer required to follow up every two weeks with personnel who are not fully vaccinated.

After 15 months of compliance with differing local, state, and federal guidelines, all local jurisdictions now direct employers to follow the updated Cal/OSHA standards and guidance from the State of California.

Updated Guidelines on Face Coverings

  • As of June 18, 2021, Realtors and members of the public are no longer required to wear masks at open houses and property showings if fully vaccinated.
  • A person is considered fully vaccinated 2 weeks after their second dose in a 2-dose series or 2 weeks after a single-dose vaccine.
  • Those not fully vaccinated are required to wear masks.
  • Listing agents do not need to request proof of vaccination status.

Guidelines and Restrictions for Open Houses and Showings

  • No physical distancing for attendees, guests, and customers
  • No capacity limits (for gatherings under 5,000 attendees)
  • No cleaning requirements (However, CalOSHA recommends cleaning high-touch surfaces such as doorknobs, handrails, faucets, countertops, etc…)
  • No PEADs or any type of sign-in required
  • No posted rules of entry or signage needed for listed properties
  • No one will have to attest to their current health status
  • No one will have to agree to an office prevention plan
  • No restrictions on door-knocking and distribution of promotional materials, including flyers and business cards.

Brokerage Office Guidelines

  • Offices are no longer required to observe social distancing or capacity limits, but employees who are not fully vaccinated must follow mask guidelines in the workplace.
  • Employees who are not fully vaccinated may request respirators for voluntary use from their employers at no cost and without fear of retaliation from their employers.
  • Employers must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors.
  • As stated above, the County of Santa Clara has phased out the May 18th Local Health Order.  Once a business completes two rounds to ascertain the vaccination status of employees, employers are no longer required to request vaccination status on an ongoing basis.
  • Businesses must maintain appropriate records to demonstrate completion of two rounds of ascertainment, in compliance with the Local Health Order.
  • View the complete June 21 Local Health Order, where you will also find Recommendations from the County Health Officer specifically for businesses under Item #5.

Continue to follow SCCAOR updates as guidelines continue to evolve. Updates will continue to occur and will be posted to the Transactions Resource Center in real-time.

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