Shelter in Place Orders

County Shelter-in-Place:

On April 29, 2020, several Bay Area Counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo and Santa Clara) extended their Shelter-in-Place Orders through May 31, 2020. Under the new orders, all construction projects will be allowed to resume as long as the project complies with safety protocols included with the order. Further, any employee allowed to return to work at a facility can also access childcare programs that are allowed to operate.

On April 22, 2020, Napa County released an updated Health Order that loosens restrictions for construction workers. Per the updated order, “workers who support the construction, operation, inspection, and maintenance of construction sties and construction projects (including housing construction), including but not limited to surveyors and workers conducting site investigations” are considered essential businesses.

Further, the following counties have issued their own Shelter in Place orders – Lake, MendocinoMonterey, San Benito and Solano.

Statewide Stay at Home Order:

On March 19, 2020, Governor Gavin Newsom issued a statewide Stay at Home Order in response to the continued spread of COVID-19. In his order the governor directs all Californians to stay at home, except “as needed to maintain continuity of operations of the federal critical infrastructure sectors,” defined here. Governor Newsom later updated the Executive Order noting that “Construction, including housing construction, is listed as an essential need during this crisis.”

  • Chapter Note: On March 21, 2020, Governor Newsom held a press conference where he announced that the state’s stay at home order serves as a statewide overlay to all previously passed local guidance and orders. In addition, the Governor’s office has provided clarity on how the statewide order interacts with local orders to shelter in place. The statewide order applies to all Californians but depending on the conditions in their area, local officials may enforce stricter public health orders. They may not loosen the state’s order in any way.
  • Chapter Note: To assist your personnel in minimizing potential conflict with police and health officials, it is advisable to provide personnel with a certification card to display, if confronted about being out in public or working. SmithCurrie & Hancock LLP has put together an Essential Services Employee Travel form, for contractors to complete and print for personnel to carry with them. The form is drafted for use in California.