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The County of Los Angeles To Allow Fully Vaccinated Persons To Go Maskless In Indoor Public Settings Starting February 25th


(COVID-19 UPDATE)

Just seven days after California let its indoor mask mandate expire for vaccinated individuals, the County of Los Angeles issued a new Health Officer Order on February 23rd significantly easing the masking requirements in the County. Specifically, establishments will be permitted to either: (1) allow all fully vaccinated customers, visitors, and onsite workers to not wear face coverings; or (2) allow fully vaccinated customers and visitors (but not workers) to not wear face coverings. Businesses implementing either option must verify proof of a negative COVID-19 test result from all unvaccinated persons. These changes take effect February 25, 2022.

 

Option 1: Allow Fully Vaccinated Customers, Visitors, and Onsite Workers to Unmask

 

Establishments implementing this option must verify proof of full vaccination or a negative COVID-19 test result prior to entry for all customers and visitors (age 5 years or older). Unvaccinated onsite workers must provide proof of a negative COVID-19 test result every three days. Only those who can show proof of full vaccination are permitted to go maskless.


Proof of Vaccination. Individuals are considered “fully vaccinated” if at least two weeks have passed since they received the second dose in a two-dose series or the single dose in a one-dose series. Sufficient proof of vaccination includes any of the following: (1) vaccination card; (2) photo of a vaccination card; (3) photo of vaccination card stored on a phone or electronic device; (4) documentation from a healthcare provider; or (5) COVID-19 digital vaccine record. The proof of vaccination must include the name of the person vaccinated, the type of vaccine received, and the date each dose was administered. In addition, establishments must also review the individual’s photo identification as well. Helpful guidance on checking for proof of vaccination from the LACDPH is available here.


Proof of Negative COVID-19 Test Result. All customers, visitors, and onsite workers who cannot show sufficient proof of full vaccination must show proof of a negative COVID-19 viral test result prior to entry along with photo identification. For customers and visitors, the negative test result must have been taken within 2 days of entry if a PCR test or 1 day of entry if an antigen test. Onsite workers may submit a negative COVID-19 viral test result every 3 days prior to working onsite. In addition, employers must make no-cost testing available to onsite workers.


Sufficient proof of a negative COVID-19 test result includes either a printed document from the test provider/laboratory or an email or text message displayed on a phone from the test provider/laboratory. The test result must contain the person’s name, date of test, type of test performed, and negative test result. Importantly, over-the-counter self-test kits are not acceptable proof for customers or visitors. However, establishments may accept results from over-the-counter self-test kits for employees if used per Cal-OSHA requirements. Helpful guidance on checking for proof of a negative COVID-19 test result from the LACDPH is available here.


Exceptions. Individuals can enter the indoor portion of the establishment without showing proof of full vaccination or a negative COVID-19 test result for the following purposes: (1) as part of their employment to make a delivery or pick-up, provide a service or repair, or for an emergency or regulatory purpose; (2) to get to the outdoor portion of the facility; (3) to use an indoor restroom; or (4) to order, pick-up, or pay for food or drink “to go.”


Provision of Respirators. Establishments must offer well-fitting respirators (e.g., N95/KN95/KF95) to all employees at no cost.


Option 2: Allow Fully Vaccinated Customers and Visitors to Unmask but Not Onsite Workers

 

Establishments implementing this option must follow the same requirements as Option 1, however, they do not need to verify proof of full vaccination or a negative COVID-19 test result for onsite workers.


Excluded Settings

 

The following settings must continue to maintain universal masking and are not permitted to implement either of the above options:

  • On public transit;


  • In transportation hubs (e.g., airports, bus terminals, marinas, train stations, subways, or any other area that provides transportation);


  • Indoors in K-12 schools, childcare, and other youth settings;


  • Healthcare settings (including long term care facilities);


  • State and local correctional facilities and detention centers; and


  • Homeless shelters, emergency shelters, and cooling centers.

We will continue to monitor major COVID-19 related developments that impact the workplace. 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

Charles H.W. Foster

www.brgslaw.com
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