Los Angeles County Municipal Code Ch. 11.57 Covid-19 Worker and Consumer Safety

On March 4, 2020, the Los Angeles County Board of Supervisors declared a Local Emergency, and the Los Angeles County Health Officer declared a Local Health Emergency, regarding the outbreak of the novel coronavirus (COVID-19), and on March 11, 2020, the World Health Organization officially declared the health crisis a pandemic. On March 21, 2020, the Los Angeles County Health Officer issued a revised Safer at Home Order, requiring all residents to stay at home unless performing certain essential activities.

Retail Grocery Stores and Retail Drug Stores remain open, and their workers have become "front-line responders" to the local health emergency. In addition, many of the most vulnerable County residents, including those 60 years and older or with underlying health conditions, have turned to "Food Delivery Platforms" as a result of the requirements under the Safer at Home Order to meet many basic activities, such as obtaining groceries, toiletries and other essential items.

Food and grocery delivery drivers and shoppers are an essential population of workers, not employed directly by Retail Grocery Stores and Retail Drug Stores, but in contractual relationship with Food Delivery Platforms. These businesses, along with Retail Grocery Stores and Retail Drug Stores, must provide their workers with the necessary supplies, tools, equipment and safety practices to protect the workers and the public they are serving.

In promoting the health, safety, and general welfare of its residents, the County of Los Angeles has a substantial interest in encouraging Retail Grocery Stores, Retail Drug Stores and Food Delivery Platforms to comply with federal, State, and local laws, and Health Officer Orders and recommendations of health authorities to limit the spread of COVID-19.

(Ord. 2020-0018U § 1, 2020.)

For the purpose of this interim urgency ordinance, the following words and terms shall have the following meaning:

A.

"Employer" means any of the following:

Retail Grocery Store;

Retail Drug Store; or

A Food Delivery Platform.

B.

"Food Delivery Platform" means a business that utilizes an online website or other similar presence to interact with customers and acts as an intermediary between its customers/consumers and a Retail Grocery Store, Retail Drug Store and/or Restaurant.

C.

"Health Officer Order" means any order issued by the Los Angeles County Health Officer, as amended.

D.

"Restaurant" shall have the same meaning as set forth in Section 8.04.400 of the Los Angeles County Code.

E.

"Retail Drug Store" means a retail store that sells a variety of prescription and non-prescription medicines and miscellaneous items, including but not limited to drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and prepared foods.

F.

"Retail Grocery Store" means a retail store that sells primarily food or household goods, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked goods, and/or prepared foods.

G.

"Retaliation" means taking adverse action against a Worker, such as reduction of work hours or compensation, or discharging a Worker for exercising rights granted by this interim urgency ordinance, or for complying with any Health Officer Order.

H.

"Worker" means any person working for a Retail Grocery Store, Retail Drug Store, or Feed Delivery Platform, including as an employee or an independent contractor, that either physically works at a retail location that is open to the public and sells groceries, or shops or picks up prepared foods, groceries and other orders from a Restaurant, Retail Grocery Store and/or Retail Drug Store to deliver to a consumer. For purposes of this interim urgency ordinance, a Worker is presumed to be an employee of an Employer, and an Employer has the burden to demonstrate that a Worker is not an employee.

I.

"Social Distancing" means the practice of avoiding large gatherings and maintaining a physical distance of at least six (6) feet from other people, or as otherwise defined in a Health Officer Order, and any other guidance issued by a Health Officer.

(Ord. 2020-0018U § 2, 2020.)

A.

Retail Grocery Stores and Retail Drug Stores shall provide their Workers who touch products for sale or otherwise interact with customers, at the Employers' expense, the following:

Gloves (if commercially available).

Hand sanitizer (if commercially available).

Disinfecting cleaning products and any other necessary sanitary tools and supplies.

Face coverings (non-medical grade).

Plexiglass barriers at all point of sale stations between a customer and a Worker.

Appropriate training on the proper use, cleaning, and maintenance of items 1 through 5 above.

B.

Retail Grocery Stores and Retail Drug Stores shall provide the following:

Dedicated handwashing or sanitizing stations available in all stores for use by Workers prior to beginning their shifts.

Sanitary restrooms stocked with necessary soap, towels, toilet seat covers and toilet paper.

C.

Food Delivery Platforms shall provide either (1) a face covering (non-medical grade), and gloves and/or hand sanitizer, or (2) a stipend or other sufficient, available funds for the purchase of a face covering (non-medical grade), and gloves and/or sanitizers.

D.

Retail Grocery Stores, Retail Drug Stores, and Food Delivery Platforms will follow all Health Officer Orders and guidance issued by the Los Angeles County Health Officer related to the work environment, Workers, and COVID-19.

(Ord. 2020-0018U § 3, 2020.)

A.

Retail Grocery Stores and Retail Drug Stores shall be maintained in clean condition, and shall cause the shopping carts and baskets to be sanitized between each use.

B.

Retail Grocery Stores and Retail Drug Stores shall not unreasonably withhold approval of a Worker's request to change a work schedule due to childcare/family needs arising from a Health Officer Order, or due to a Worker experiencing symptoms consistent with COVID-19.

(Ord. 2020-0018U § 4, 2020.)

A.

Retail Grocery Stores and Retail Drug Stores shall permit their respective Workers to wash their hands at least every thirty (30) minutes.

B.

Retail Grocery Stores and Retail Drug Stores shall require their respective Workers to wear face coverings (non-medical grade) while on premises.

C.

Retail Grocery Stores and Retail Drug Stores shall provide the following:

Shopping time dedicated solely for customers age 60 and over.

Proper signage at entrances to stores informing customers of the requirements for Social Distancing and visible markers for customers in line, in accord with Social Distancing at point of sale stations.

Access for Food Delivery Platform Workers to the restrooms on the premises for handwashing purposes.

D.

Retail Grocery Stores and Retail Drug Stores may refuse admission or service to any individual who is not wearing a face covering.

E.

Food Delivery Platforms shall require their Workers to wash or sanitize their hands prior to handling any food for delivery.

F.

Food Delivery Platforms shall offer to its customers "no-contact" delivery options so deliveries can be made without Workers coming into close physical contact with customers.

(Ord. 2020-0018U § 5, 2020.)

Retail Grocery Stores, Retail Drug Stores, and Food Delivery Platforms shall be prohibited from retaliating against a Worker for exercising rights granted by this interim urgency ordinance or for complying with any Health Officer Order.

(Ord. 2020-0018U § 6, 2020.)

This interim urgency ordinance shall sunset upon the latter of either the Governor of the State of California lifting his emergency order declared on March 4, 2020, or the Board of Supervisors lifting the Local Emergency declared on March 4, 2020.

(Ord. 2020-0018U § 7, 2020.)