California’s Playbook For Staying Open

Restaurants contend with new problems on a daily basis. From customers refusing to wear masks, to workers having symptoms or testing positive after coming to work, to legal guidance that changes day-to-day.

This is even more pronounced in California, where operators and customers are perplexed by the legal requirements for restaurants that are open during a pandemic.

In response, California Governor Newsom released an Employer Playbook for a Safe Reopening on July 24. The 32 page document applies to all industries (not just restaurants) and summarizes existing industry-specific guidance and checklists, workplace outbreak guidance, enforcement, and worker education. It is a “one-stop shop” for California businesses operating during the pandemic.

Here are five key sections from the Playbook that will impact the workplace and dining experience.

Requirements To Reopen

Before reopening, all restaurants must first:

1. Perform a detailed risk assessment and create a work site-specific COVID-19 prevention plan.
2. Train workers on how to limit the spread of COVID-19. This includes how to screen themselves for symptoms and when to stay home.
3. Set up individual control measures and screenings.
4. Put disinfection protocols in place.
5. Establish physical distancing guidelines.
6. Establish universal face covering requirements (with allowed exceptions) in line with California’s face covering ordinance.

Industry Guidance

In addition to the Playbook, California has Industry-Specific Guidance and Checklists to help businesses as they reopen that mandate:

• Outbreak Preparation. Details on how to communicate with the local health department regarding COVID-19 outbreaks among workers, training and communication for workers and worker representatives, and what to do if there is an outbreak.
• Worker Training. Topics for worker training that should be incorporated into the worksite specific plan, including information on how to self-screen for COVID-19 symptoms at home and the importance of physical distancing, use of face coverings, and hand-washing, both at work and off work time.
• Self-Screening. Instructions for individual control measures, including instructions for how to screen workers as well as how workers can screen themselves for symptoms.
• Cleaning and Distance. Directions for effective cleaning and physical distancing protocols.

The restaurant industry guidance goes into even greater detail.

Local Health Departments Still Control

Local Health Officers may require stricter guidelines than those required by the state. Restaurants should review their County website or consult their county or local health department to ensure they have the most up-to-date information about what is allowed within their jurisdiction. This will lead to different experiences at the same restaurant chain in different locations.

The Playbook is not intended to revoke or repeal any worker rights, and is not exhaustive. Basically, it adds on to already existing worker protections.

Customers & Masks

The Playbook recognizes the problem of workers forced to confront customers who refuse to wear a mask. The Playbook guides restaurants on this specifically.

Workers should avoid approaching coworkers or members of the public who are not wearing a face covering for the purpose of attempting to enforce any face-covering recommendation or requirement. In these instances, workers should maintain at least a 6-foot distance from others and raise any concerns to their supervisor.

Restaurants should train their workers on what to do in such situations, including how to minimize risk of workplace violence and what to do to get support when de-escalation efforts are unsuccessful in these situations.

There may also be limited circumstances where a restaurant will need to engage in a process with workers and/or customers who claim a disability-related reason for not being able to wear a mask to see if there are accommodations that are effective in maintaining the safety of the workplace. Suggested language includes:

• “Following the guidelines (on face coverings or distancing) can protect you and everyone else, so we ask that you follow them.”
• “If you don’t have a face covering, we’d be happy to provide one (if available).”
• Speak with a calm voice at a normal volume and communicate with posture and expression that the person will be respected. Settle on a method for calling in support from security or law enforcement if needed.

Responding To An Outbreak

If a restaurant discovers a worker who has tested positive for COVID-19 or a worker who has symptoms, they should make sure the worker does not remain at work, and work with their local health department.

• Steps to respond to a positive case of COVID-19 or an outbreak should be included in the restaurant’s worksite specific plan.
• Designate a workplace infection prevention coordinator (to the extent one has not already been designated) to implement COVID-19 infection prevention procedures and to manage COVID-related issues among workers.
• Instruct workers to stay home and report to the restaurant if they are having symptoms of COVID-19, were diagnosed with COVID-19, or are awaiting test results for COVID-19.
• Make every effort to maintain the confidentiality of workers with suspected or confirmed COVID-19 infection when communicating with other workers.

“Close contacts” of cases should be given instructions on home quarantine and symptom monitoring, information regarding the closest COVID-19 testing sites, referral to their local health department.

• A “close contact” is someone who spent 15 minutes or more within 6 feet of an individual with COVID-19 infection during their infectious period, which includes, at a minimum, the 48 hours before the individual developed symptoms. Use employment records to verify shifts worked during the infectious period and other workers who may have worked closely with them during that time period.
• “Close contacts” should be instructed to quarantine at home for 14 days from their last known contact with the worker with COVID-19 and should be tested for COVID-19. 
• For returning to work, consult with the local health department and most recent CDC guidance for when a confirmed case may be released from home isolation and return to work.  

The Playbook is a good reminder that restaurants must be proactive about COVID-19 safety policies, procedures, and protocols on a local and industry level in order to stay open.