Adding to an already impressive list of industry specific guidelines, the California Department of Health and the Department of Industrial Relations/Cal-OSHA have issued an Industry Guidance for Restaurants Providing Outdoor Dining, Takeout, Drive-Through, and Delivery. Restaurants are instructed to consult the COVID-19 County Roadmap for more information on reopening in particular counties within the state. In addition, the guidance reminds all business owners that the guidance is not dispositive and that other state and local health orders and guidelines may apply. In this regard, the guidance includes links to guidelines issued by the U.S. Food and Drug Administration, the Center for Disease Control and Cal/OSHA.  

The guidance serves to remind employers of existing obligations to train employees on COVID-19 safety requirements, as well as the need to establish a written workplace-specific COVID-19 plan. Other topics include physical distancing guidelines, cleaning and disinfecting protocols, individual control measures and screenings. 

On the subject of face coverings, the guidance states that employers must remember to continue to adhere to all applicable worker regulations and statutes. Thus, employers must consider accommodating any worker who meets one of the exemptions from wearing a face covering. Workers who cannot wear a mask due to a medical condition should be provided with a non-restrictive alternative, such as a face shield with a drape attached to the bottom edge, if possible. Further, businesses that are open to the public should be cognizant of the exemptions to wearing face coverings set forth in the CDPH Face Covering Guidance and should not exclude any member of the public for not wearing a face-covering if that person is complying with the guidance. All California employers should develop policies for handling these exemptions among customers, clients, visitors and workers.