Client Alert: California Department of Public Health Issues New Details Regarding June 15th Reopening

As Californians get vaccinated, the California Department of Public Health (CDPH) is preparing to move beyond the Blueprint for a Safer Economy on June 15th. Ahead of the reopening date, the CDPH has released more details regarding restrictions after June 15th. On that date, all industries may return to usual operations, with limited exceptions for Mega Events, as described below. After June 15th, there will be no capacity limitations or physical distancing restrictions. The CDPH will update its Guidance for Face Coverings on June 15th, but masks are expected to only be required on public transportation and in youth, healthcare, and high-risk congregate settings.

Although there will no longer be capacity limits or physical distancing requirements for businesses, employers will continue to be subject to the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards.

Mega Events are defined as events with large crowds greater than 5,000 (for indoor events) and 10,000 (for outdoor events). Indoor Mega Events include events such as conventions, conferences, expos, and sporting events. At Indoor Mega Events, verification of fully vaccinated status or a pre-entry negative COVID-19 test result is required for all attendees. Outdoor Mega Events include events such as music or food festivals, car shows, marathons, parades, sporting events, and concerts. At Outdoor Mega Events, verification of fully vaccinated status or a pre-entry negative COVID-19 is strongly recommended for all attendees. Attendees who do not verify vaccination status should be asked to wear face coverings. Outdoor Mega Events venues are required to make masks available for all attendees.

Pre-entry testing for Mega Events must be conducted within 72 hours prior to the event start time. Both PCR and antigen testing are acceptable. Negative COVID-19 test results can be provided in the form of a printed document from the test provider or laboratory, or an email or text message displayed on a phone from the test provider or laboratory. Vaccination status can be verified by presenting either a vaccination card, a photo of a vaccination card, a photo of the vaccination card stored on a phone or electronic device, or documentation of vaccination from a healthcare provider. Business and venue operators may also utilize self-attestation at the point of registration, during ticket purchase, or on the day of the event prior to entry into the venue. Indoor and Outdoor Mega Event operators must prominently place information on all communications to ensure guests are aware of testing and vaccination requirements. Attendees of both Indoor Mega and Outdoor Mega Events must follow the CDPH Guidance for Face Coverings.

The requirements and recommendations for vaccination verification and negative test results will be in place from June 15, 2021 through October 1, 2021. The CDPH will assess conditions by September 1, 2021 to determine whether updated requirements or recommendations are needed beyond October 1, 2021.

For any questions regarding the CDPH’s reopening details and their implications, please contact Douglas L. White at doug@whitebrennerllp.com, Nubia Goldstein at nubia@whitebrennerllp.com, or the White Brenner LLP office at (916) 468-0950.