LAKE COUNTY, Calif. – Defensible space and home hardening are imperative to protecting communities from catastrophic wildfires.
California residents in high-risk areas must do their part to protect their communities by creating and maintaining defensible space around their homes and structures.
With COVID-19 restrictions limiting Cal Fire’s ability to conduct annual defensible space inspections this year, property owners are urged to conduct a defensible space self-assessment.
Over the next few weeks, California property owners in wildland-urban-interface communities will receive a flyer with information on accessing the online defensible space self-assessment. The flyer also highlights steps for creating defensible space around homes and buildings, and ways to harden your home to be more wildfire resistant. The self-assessment survey is easy to use and should only take a short time to complete.
“This self-assessment helps our inspectors comply with social distancing recommendations while still collecting vital information,” said Chief Thom Porter, CAL FIRE Director. “We urge you to participate in the survey and do your part to protect your community by creating defensible space and hardening your home to increase its chances of surviving a wildfire.
“It only takes one flying ember to bring wildfire to your home,” emphasized Porter. “Fire can spread from house to house, especially in more densely populated areas, due to flying embers. Direct flames, as well as radiant heat from burning plants or structures can also catch a home on fire. This is why it is so important to create defensible space and harden homes – it’s a community’s best fighting chance against wildfire.”
Defensible space consists of two zones extending 100 feet from any home or structure cleared of dead trees, brush and vegetation.
Maintenance of these two zones creates a buffer to slow or stop the spread of wildfire.
Home hardening is preparing your home to increase its chance of surviving a wildfire. Upgrades of fire-ignition-resistant materials to roofs, eaves, vents, siding, windows, decks, fences and more can help prevent wildfire from destroying the house.
LAKEPORT, Calif. – The Lakeport City Council will hold a special meeting on Wednesday afternoon to consider a property purchase for a new city park.
The council will meet at 4:30 p.m. Wednesday, May 27.
To speak on an agenda item, access the meeting remotely here or join by phone by calling 951-384-3421 or toll-free, 866-901-6455. The access code is 293-316-205; the audio pin will be shown after joining the webinar. Those phoning in without using the web link will be in “listen mode” only and will not be able to participate or comment.
Comments can be submitted by email to This email address is being protected from spambots. You need JavaScript enabled to view it. . To give the city clerk adequate time to print out comments for consideration at the meeting, please submit written comments prior to 2 p.m. Wednesday.
During the Wednesday afternoon meeting, the council will consider approving the acquisition of 810 N. Main St. from the Hotaling family and authorizing City Manager Margaret Silveira to execute the related documents, including the grant deed to be signed by 11 Hotaling family members.
The purchase price is $50,000.
County property records show the parcel as being an acre and a half in size, and running along the lakeshore and into the lakebed next to the former Natural High property at 800 N. Main St.
The city has been in negotiations for the property for some time. It’s part of the land the city wants to use for a new lakefront park, along with the five-acre parcel at 800 N. Main St., owned by the Lakeport Unified School District.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
LAKE COUNTY, Calif. – The Board of Supervisors will hold a special meeting to discuss items related to helping businesses reopen and funding for the COVID-19 shelter for the homeless.
The board will meet virtually beginning at 1 p.m. Tuesday, May 26.
The meeting can be watched live on Channel 8, online at https://countyoflake.legistar.com/Calendar.aspx and on the county’s Facebook page. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
Because the meeting will be held virtually, members of the public are asked to submit comments on items to This email address is being protected from spambots. You need JavaScript enabled to view it. . Please note the agenda item number addressed.
At 1:02 p.m., Public Health Officer Dr. Gary Pace will give the board his weekly COVID-19 update.
At 1:15 p.m., the board will discuss resuming in-person meetings.
In an untimed item, the board will consider ratifying the order issued by Sheriff Brian Martin, acting as the county’s director of the Office of Emergency Services, allowing local businesses temporary use of county property under certain conditions during Stage 2 of Gov. Newsom’s plan for gradual reopening from the COVID-19 pandemic.
During the same agenda item, the board will consider a letter to Caltrans urging it to allow local businesses temporary use of state-owned properties during the reopening.
In another untimed item, Behavioral Health Services Administrator Todd Metcalf will ask the board to consider the first amendment to the agreement with the Harbor Warming Center Project for the COVID-19 shelter for homeless, increasing the contract maximum from $79,511.74 to $152,664.66.
The full agenda is below.
CONSENT AGENDA
5.1: Adopt resolution authorizing acceptance of grant funds from Children's Advocacy Centers of California for the Emergency Response to Interpersonal Violence - 2020 Pandemic Program.
5.2: Sitting as the Lake County Watershed Protection District Board of Directors, adopt resolution authorizing the director of the Lake County Water Resources Department to serve as the authorized signatory authority for the agreement between the California Department of Water Resources and the department for the awarded funds secured by the department through DWR’s 2019 Sustainable Groundwater Management Grant Program Planning Round 3 for the development of a Groundwater Sustainability Plan for the Big Valley Groundwater Basin.
TIMED ITEMS
6.1, 1:01 p.m.: Public input.
6.2, 1:02 p.m.: Consideration of update on COVID-19.
6.3, 1:15 p.m.: Consideration of timeline for resumption of in-person Board of Supervisors meetings.
UNTIMED ITEMS
7.2: (a) Consideration of confirming the order of the sheriff/OES director allowing local businesses temporary use of county property under certain conditions during State 2 of Gov. Newsom’s plan for gradual reopening from the COVID-19 pandemic; and (b) consideration of letter to Caltrans urging said agency to allow local businesses temporary use of state-owned properties for during State 2 of Gov. Newsom’s plan for gradual reopening from the COVID-19 pandemic.
7.3: Consideration of first amendment to the agreement between the county of Lake – Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Kelseyville United Methodist Church as the fiscal agent for the Hope Harbor Warming Center Project for fiscal year 2019-20 to increase the contract maximum to $152,664.66 and authorize the board chair to sign.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
LAKE COUNTY, Calif. – Six more Lake County residents have tested positive for COVID-19 in what the county’s Public Health officer said appears to be a case cluster.
Lake County Public Health Officer Dr. Gary Pace confirmed the six new cases on Wednesday.
The new cases bring Lake County’s case total to 20, Pace said.
Regarding the newly confirmed cases, Pace said, “Most are connected with a previous case, so we would consider it a cluster. No one is in the hospital at this point.”
Of Lake County’s 20 cases, 10 are active and 10 are recovered. No deaths locally have been reported.
This is the largest number of new cases reported at once in Lake County so far during the pandemic. With the two cases confirmed on Memorial Day, it brings this week’s confirmed cases to eight.
As of Wednesday, more than 1,700 of Lake County’s 64,000 residents had been tested for COVID-19, according to Public Health’s latest reporting.
Pace had reported to the Board of Supervisors on Tuesday that a special test site had been set up on Friday in response to concerns about one of Lake County’s active COVID-19 cases. At that time, they tested 95 people.
The first 40 tests results came in over the weekend, yielding two positive test results which were reported on Monday, as Lake County News has reported.
Pace told the board on Tuesday that another 55 test results were expected to come back any day.
However, Pace did not respond to Lake County News’ questions about whether or not the latest six cases came from among those pending test results from the Friday site.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
CLEARLAKE, Calif. – During its Thursday evening meeting, the Clearlake City Council extended an emergency ordinance that it originally passed last month to put a moratorium in place on growing industrial hemp in the city limits.
All of the council members were present in the council chambers, though seated farther apart, for the half-hour meeting.
City Attorney Ryan Jones said the council first passed the ordinance at its April 16 meeting.
With the initial 45-day time period of the urgency ordinance expiring, Jones said staff was asking for the council to extend it another 10 months and 15 days.
He said that staff hopes to have new regulations in place before then. “But it is going to take some time.”
Jones said the city plans to have an ad hoc committee work on the rules, which would also involve input from the planning commission and council.
“We think that is for the best of the community at this point,” he said.
There were no comments from the council or submitted by the public on the item, which was the main piece of business during the brief meeting.
Councilwoman Joyce Overton moved to approve the extension of the urgency ordinance, with Vice Mayor Dirk Slooten seconding and the council approving the motion unanimously.
Also on Thursday, City Manager Alan Flora told the council that most of staff’s time over the last several weeks has been devoted to developing a new fiscal year budget.
“We’re not in the same position as many other cities in California,” but it’s still going to be a very tight budget, Flora said, explaining that it’s taking a lot of effort to make sure it’s a structurally balanced budget.
He said he got gas tax projections from the state which show that revenue source is expected to have a 9-percent reduction. Flora called it “a significant drop but not devastating”.”
Flora also reported that the Austin Park project is nearing completion. That day, the new playground equipment was installed, with the bandstand nearly complete, just needing its metal roofing installed. At the same time, a new metal roof will be installed on the bathroom facilities, which have been stripped out on the inside.
Flora said that this week paving of the parking lots and a section on Uhl Avenue that’s never been paved before will take place.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
CLEARLAKE, Calif. – During a special meeting last week, the Clearlake Planning Commission discussed the proposed sale of the former Austin Resort property to a developer.
In March, the Clearlake City Council gave City Manager Alan Flora approval to sign a letter of intent with Bailey Building and Loans LLC, which wants to build a resort on the property, as Lake County News has reported.
The former resort property includes two parcels totaling 7.68 acres located at 14061 and 14071 Lakeshore Drive, across from Clearlake City Hall.
City staff took the matter to the commission in order for it to consider whether or not the sale is consistent with the city’s general plan. Staff reported they have found it to be compliant.
Flora told the commission that one of the parcels was purchased by the city’s former redevelopment agency, the other is owned by the city.
There were some plans to develop a waterfront trail along part of it, however, when the city got interest from the developer for this larger project, Flora said staff decided to recommend selling both properties.
He said the intention is to maintain access by the public to the lakeshore.
Flora’s written and verbal reports to the commission noted that the project will be a “large resort-type development,” including a hotel, restaurant, retail and a large marina, and may possibly boat ramps.
“This is a great potential project,” he said.
Flora said the commission’s finding of general plan compliance was the first step in moving the sale forward.
It must also be approved by the city council and the redevelopment oversight committee. Flora said that if those approvals go through, the city would begin working more actively with the developer in establishing its plan.
He said the project also would have to come back before the commission for approval of the use permit.
Flora said the developer is looking at three years before the project is fully developed. The marina portion of the work will require US Army Corps of Engineers permits, which generally take a significant period of time.
Commissioner Lisa Wilson asked Flora about the wording in the letter of intent regarding possible consideration of a lease or license agreement for an adjoining city property.
Flora explained that it refers to Austin Beach. He said the developer wants the project to be a destination and had asked the city if it would be interested in selling Austin Beach.
He said they told the developer that’s probably not going to happen but that the city would consider a lease or licensing agreement. The developer has an interest in making physical site improvements to the beach so it seems like part of the whole resort property, even though it would remain under the city’s ownership.
Wilson said the intention to maintain waterfront access for the public in perpetuity “super.”
Commissioner Robert Coker asked about a roundabout mentioned in the plans and what that would entail.
“We don’t know at this point,” said Flora, explaining that the city initially had started planning for a roundabout at Lakeshore and Olympic Drive. “We kind of put that hold over the last year.”
Flora said they instead tried to focus on finding funding for curb, gutter and sidewalks along Lakeshore Drive.
The developer likes the idea of a possible roundabout there as it would create a focal point entrance into the resort property. Flora said it hasn’t been determined on what that may look like but the developer asked for language in the purchase agreement to speak to that.
Flora said there is some funding that the city could acquire to fund part of the project and that the developer would be expected to participate in the project cost as well.
Chair Richard Bean asked if it’s negotiable that the project should contribute to the roundabout. Flora said yes, that it could be included in the developer impact fee.
Bean also aksed about a requested provision by the developer for the police department to provide additional scrutiny or oversight. “Why was the police department mentioned in that letter of intent?”
Flora said it speaks to the fact that Clearlake’s history of crime still “is out there,” and the developer wants to make sure they have a safe environment and that the city is committed to the project.
Wilson moved to adopt the resolution, which was adopted 4-0. Commissioner Erin McCarrick recused herself from the vote.
Flora told the commission that there likely are going to have several more general plan conformity reports coming up as the city tries to push properties that have been sitting for decades and getting some investment going.
He said he appreciated the commission being flexible and holding the special meeting, as does the developer, as timelines for such projects take a while.
In addition to the special meeting, the city council will have its own upcoming special meeting on the project and the oversight committee has been asked to meet to consider the sale proposal on June 8, Flora said.
Those special meetings will carve off about a month’s worth of time in the effort to move the project forward, he said.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
CLEARLAKE, Calif. – The Clearlake City Council is planning a special meeting to discuss the sale of two parcels that formerly made up the Austin Resort property.
The council will meet virtually at 9 a.m. Wednesday, May 27.
Because of the county’s shelter in place order, Clearlake City Hall remains closed to the public, however, the virtual meeting will be broadcast live on Lake County PEG TV’s YouTube Channel.
Comments and questions can be submitted in writing for City Council consideration by sending them to City Clerk Melissa Swanson at This email address is being protected from spambots. You need JavaScript enabled to view it. . You can also visit the city’s new town hall site and submit written comments at https://www.opentownhall.com/8889 . Identify the subject you wish to comment on in your email’s subject line or in your town hall submission.
Each public comment emailed to the city clerk will be read aloud by the mayor or a member of staff for up to three minutes or will be displayed on a screen. Public comment emails and town hall public comment submissions that are received after the beginning of the meeting will not be included in the record.
To give the city council adequate time to review your questions and comments, please submit written comments prior to 8 a.m. Wednesday, May 27.
The key business on Wednesday’s special meeting agenda relates to the proposed sale of the Austin Resort properties to Bailey Building and Loans LLC, which wants to build a destination resort at the site.
The sale will be taken up in two separate items because the property consists of two parcels.
The first is the 4.74-acre parcel located at 14061 Lakeshore Drive and owned by the city’s redevelopment successor agency since 1997.
The second property, located at 14071 Lakeshore Drive, is 2.94 acres. The former redevelopment agency also purchased the property in 1997 and in 2001 sold it to the city.
City staff is seeking approval from the council to authorize separate purchase and sale agreements for the two properties between the respective property owners – the redevelopment successor agency and the city – and Bailey Building and Loans LLC.
The council initially approved a letter of intent to sell the properties to Bailey Building and Loans in March. Last week, the Clearlake Planning Commission held a special meeting during which it found the proposed sale to be in conformance with the city’s general plan.
City Manager Alan Flora said the property has been envisioned by the city as the site for public space and a new resort.
“The Austin Resort property has had mixed interest in redevelopment over the years,” Flora’s report to the council for Wednesday’s meeting explained.
“The Redevelopment Agency portion of the property has been available for sale, but no significant or viable interest until the past several months,” Flora wrote.
He said representatives of the company met with city staff and Mayor Russ Cremer and Vice Mayor Dirk Slooten to discuss the opportunity at the site.
The company is proposing to buy both parcels for $915,350, Flora reported.
Flora said the city would receive 100-percent of the proceeds from the sale of 14071 Lakeshore, or $350,407, and 15.73 percent of the proceeds from the sale of 14061 Lakeshore parcel, which would total $88,815, based on calculations from the Lake County Auditor-Controller’s Office.
Other taxing entities also would receive funds from the sale of the property owned by the successor agency. Flora said the biggest share would go to the Konocti Unified School District, which would receive 44.7 percent or $252,534.
The oversight board for the former successor agency still has to meet to discuss the proposed sale; that meeting is set for June 8.
On the meeting's consent agenda – items that are not considered controversial and are usually adopted on a single vote – is the approval of Amendment No. 1 to the management and administrative services agreement with Regional Government Services for consulting services, with an amount not to exceed $45,000, and authorize the city manager to sign.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
LAKE COUNTY, Calif. – Following Gov. Gavin Newsom’s announcement on Tuesday afternoon that hair salons and barbershops can reopen in counties where a local variance is in effect, Lake County Public Health Officer Dr. Gary Pace issued an update about how local facilities can proceed with reopening.
Pace said Lake County has taken steps to align with statewide orders. Lake County’s local variance was approved Wednesday, May 20, as Lake County News has reported.
He said hair salons and barbershops can now reopen in Lake County, with limitations.
Services that preclude wearing of face coverings or require the provider to touch the face of the client remain prohibited, Pace said.
“Key prevention practices” Pace noted include:
– Physical distancing to the maximum extent possible; – Temperature and/or symptom screenings for employees and contractors entering the premises; – Use of face coverings by workers (where respiratory protection is not required) and customers/clients; – Frequent handwashing and regular cleaning and disinfection; – Training workers on these and other elements of the COVID-19 prevention plan; – Plans must be in place to identify and respond to any new cases and potential infections that emerge in workplaces.
Pace asked that local businesses review the guidance from the California Department of Public Health and CalOSHA for further details.
Reopening hair salons and barbershops in Lake County are required to follow statewide guidelines and self-certify their compliance with social distancing and other general precautions.
Resources and self-certification forms for local businesses are available here.
Pace said Tuesday’s news was characterized by many news outlets as a, “move into Stage 3,” regarding modifications of the statewide stay at home order.
However, he said there is no change in the status of nail salons, bars, gyms or entertainment venues.
Additionally, restaurants in Lake County remain open for outdoor dining, only, at this time. Provided viral activity remains stable, indoor dining may resume June 4, Pace said.
Lake County Health Services’ Public Health Division can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or 707-263-8174.
The California Department of Public Health announced Monday the statewide reopening of places of worship for religious services and in-store retail shopping.
Modifications are required to keep Californians safe and limit the spread of COVID-19.
Subject to approval by county public health departments, all retail stores can reopen for in-store shopping under previously issued guidelines.
Under the new guidance, places of worship can hold religious services and funerals that limit attendance to 25 percent of a building’s capacity – or up to 100 attendees, whichever is lower – upon approval by the county department of public health.
While the vast majority of large gatherings remain prohibited under the state’s stay-at-home order, the Department of Public Health has released guidelines for in-person protests and events designed for political expression. The guidance limits attendance to 25 percent of an area’s maximum occupancy – or up to 100 attendees.
“Together, our actions have helped bend the curve and reduce infections in our state. As sectors continue to open with changes that aim to lower risk, remember that COVID-19 is still present in our communities,” said Dr. Sonia Angell, State Public Health officer and director of the California Department of Public Health. “As more of us may be leaving our homes, keeping physical distance, wearing face coverings in public, and washing your hands frequently are more important than ever to help protect yourself and those around you.”
The new guidance for religious services and cultural ceremonies encourages organizations to continue online services and activities, including to protect individuals who are most at risk for more severe COVID-19, including older adults and people with specific medical conditions.
To reopen for religious services and funerals, places of worship must:
– Establish and implement a COVID-19 prevention plan for every location, train staff on the plan, and regularly evaluate workplaces for compliance. – Train employees and volunteers on COVID-19, including how to prevent it from spreading and which underlying health conditions may make individuals more susceptible to contracting the virus. – Implement cleaning and disinfecting protocols. – Set physical distancing guidelines. – Recommend that staff and guests wear cloth face coverings, and screen staff for temperature and symptoms at the beginning of their shifts. – Set parameters around or consider eliminating singing and group recitations. These activities dramatically increase the risk of COVID-19 transmission. For this reason, congregants engaging in singing, particularly in the choir, and group recitation should wear face coverings at all times and when possible, these activities should be conducted outside with greater than 6-foot distancing.
The existing guidance for retailers, previously allowed for counties approved to advance in the reopening process, now applies statewide. Retail can now open for in-store shopping statewide.
The guidelines help reduce the risk for workers and customers. Retail does not include personal services such as hair salons, nail salons and barbershops.
In 21 days, the Department of Public Health, in consultation with local departments of public health, will review and assess the impact of the religious services guidelines and provide further direction as part of a phased-in restoration of activities.
This 21-day interval accounts for seven days for religious communities to prepare and reopen in addition to a 14-day incubation period of COVID-19.
LAKEPORT, Calif. – During a special Tuesday afternoon meeting, the Board of Supervisors extended funding for a COVID-19 shelter for the homeless, ratified an emergency order to allow businesses to use county right-of-way and discussed plans for resuming in-person board meetings.
On Tuesday Behavioral Health Services Administrator Todd Metcalf went to the board to ask it to consider amending an agreement with the Harbor Warming Center Project for the COVID-19 shelter for the homeless.
The center is located in Lakeport in the former Record-Bee building on Main Street. Originally it was supposed to close in the spring but has been extended for additional months in order to offer a location for the homeless to shelter in place.
The amendment increases the contract maximum from $79,511.74 to $152,664.66.
Metcalf said this second round of funding allows the shelter to continue operating through the end of June.
“I think giving the Hope Harbor Center another month is definitely needed,” said Supervisor Tina Scott, explaining that the center is looking for strategies on how to wind down.
She said the center has done great work and helped its clients to get other services. “It’s really been a win-win for the community.”
Metcalf said he had some other ideas for the money “but this is the obvious place it needs to go.”
He also noted the ongoing discussions on how the center will close and transition its clients. Metcalf said they are trying to come up with some creative solutions to mitigate some of the homelessness problem here in Lake County.
Scott moved to approve the amendment, which Supervisor EJ Crandell seconded and the board approved 5-0.
In other business, the board ratified an order issued on Friday by Sheriff Brian Martin, acting as director of the Office of Emergency Services, that allows business owners to temporarily use county-owned right of way and property – such as sidewalks – in order to be able to meet social distancing guidelines.
As part of that item, the board voted to send a letter to Caltrans asking that it also allow local businesses temporary use of state-owned properties during the reopening phases.
Also on Tuesday, the board considered returning to in-person board meetings.
Board members favored a hybrid approach that included having the board return to the chambers but continuing to do live Zoom and Facebook streams – along with the Granicus feed on the county website – in order to allow more people to participate without having to crowd into the chambers.
Board Chair Moke Simon suggested the board could resume meeting in person on June 9.
He said he liked that the live streams on Zoom and Facebook have opened up the meetings for more people to be involved and for the government to be more transparent. Other members of the board agree.
County Administrative Officer Carol Huchingson said she can start drafting guidelines for resuming the in-person meetings.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
The California Department of Public Health on Tuesday announced that counties that have attested to meeting the criteria for accelerated re-opening may reopen hair salons and barbershops with modifications such as mandatory face coverings for both barbers or stylists and clients.
Those counties include Lake County, which had its variance request granted last week, as Lake County News has reported.
State public health leaders noted that Californians staying at home and exercising caution when out helped flatten the COVID-19 curve.
Public health leaders acknowledge that Tuesday’s announcement is also possible based on statewide indicators such as personal protective equipment, testing capacity, hospital surge capacity and hospitalizations.
Permitted activities include services that can be provided with both the worker and customer wearing face coverings throughout the service.
These include haircuts, hair coloring, blowouts, weaves and extensions, braiding, lock maintenance, wig maintenance and hair relaxing treatments.
Salon activities that cannot be done with face coverings on both the worker and client – or that require touching the client’s face – such as shaving, facial waxing, threading, eyelash services and facials – remain prohibited at this time in all counties. Likewise, nail salons remain closed.
“Together, Californians have limited infections in our state, and because of that work, many counties may make a decision to restart modified hair and barber services,” said Dr. Sonia Angell, State Public Health officer and director of the California Department of Public Health. “However, COVID-19 is still present in our communities and we are still at risk. As we venture outside our homes, it is critically important to keep physical distance, wear face coverings in public, and wash hands frequently to help protect yourself and those around you.”
Under the new guidance to reopen, salons and barbers must:
· Implement measures to ensure physical distancing of at least 6 feet between and among workers and customers, except when providing haircutting and other close contact services.
· Provide temperature and/or symptom screenings for all workers at the beginning of their shift and any vendors, contractors, or other workers entering the establishment.
· Encourage workers and customers who are sick or exhibiting symptoms of COVID-19 to stay home.
· Screen customers upon arrival and be prepared to cancel or reschedule customers who indicate they have any signs of illness.
· Require workers and customers to use face coverings during the entire haircutting and other close contact hair services.
With states reopening – or planning to reopen – in the coming weeks and months, you may be worried about what returning to work will mean for you and your family, particularly if it means increased exposure to COVID-19.
As a professor specializing in employment law, I don’t have a lot of reassurance to offer. Employment law is a patchwork at the best of times – let alone during a global pandemic – and legal protections may not cover your situation. Like so many of the challenges people are facing right now, you may be mostly on your own, negotiating the least bad of many bad options.
Here is a basic overview of what your options are under some common scenarios.
I’ve been called back to the office, but I don’t like the idea of being in an enclosed space for nine hours a day.
If you have a medical condition that makes you especially vulnerable to the coronavirus, you may be entitled to a reasonable accommodation under the Americans with Disabilities Act. That means your employer needs to engage in a dialogue with you to figure out if there is a way to limit your exposure – such as remote work, a temporary reassignment or a modified shift.
Otherwise, your options are more limited.
Unionized workers can ask their union for assistance. If the office opening is in violation of a state stay-at-home order, you might be able to file a complaint with a state workplace health and safety agency. Or you could try negotiating some sort of temporary or intermittent remote work arrangement with your employer.
Everyone else has little choice but to head back to the office. To make matters worse, the Department of Labor has issued guidance suggesting that if you refuse to return to work due to general coronavirus-related apprehension – as opposed to a specific safety hazard – you may not be eligible for extended unemployment insurance.
I believe I’m being asked to work in unsafe conditions.
Under federal workplace safety law, the first thing you are expected to do is talk to your employer about the unsafe condition. Be specific about the condition that concerns you and the fact that you are worried about your safety.
If you are unionized, conveying your concern to the union will enable it to address the problem on behalf of everyone. Even if you’re not unionized, banding together with other employees to advocate for safer working conditions is protected under the National Labor Relations Act.
If your employer does not address your safety concerns, you can complain to the state workplace safety agency or the local branch of the federal Occupational Safety and Health Administration. The agency should send an inspector to examine the situation.
In the meantime, you should refuse to work only if you have no “reasonable alternative” and the unsafe condition would pose a “real danger of death or serious injury.”
I have to go to work but have children at home and no child care options.
Beyond those 12 weeks of leave, companies are not required to make accommodations for employee child care issues. If the leave runs out – or you work for a large company not covered by the leave law – you may be eligible for expanded unemployment insurance under the federal Coronavirus Aid, Relief and Economic Security Act.
I live with a family member who is in a vulnerable population, and I don’t want to expose the person to the virus.
If you need to care for the family member – and work for a company with fewer than 500 employees – you may be eligible for leave under the Families First Coronavirus Response Act. Your employer might request documentation that a health care provider advised the family member to self-quarantine.
Otherwise, you may be out of luck – and may not even get unemployment insurance if you refuse to work. That may mean doing your best to limit your exposure at work and transmission at home.
I think I just got sick from exposure to the coronavirus at work.
You should be eligible for two weeks of paid sick leave under the Families First Coronavirus Response Act if you work for a company with fewer than 500 employees. If you are still sick after that, you may be eligible for Family and Medical Leave. You’ll also want to check your company’s sick leave policy. The Occupational Safety and Health Administration advises companies to adopt flexible sick leave policies that actively encourage sick workers to stay home.
You might be eligible to file for workers’ compensation, which covers medical costs and provides some wage replacement for workers who are injured because of work. State law varies a lot when it comes to workers’ compensation, including whether infectious diseases like COVID-19 count as a workplace injury. Your claim will also depend on whether you can show that you contracted the coronavirus at work – as opposed to exposure from other places. Some states are issuing presumptions that certain kinds of frontline workers – like health care workers and first responders – contracted the virus at work.
I was injured by a customer who got violent after being asked to wear a mask.
Some retail workers are reporting being violently assaulted by customers when enforcing new social distancing rules, such as wearing a mask. It’s not clear how common this is, but even prior to the pandemic, workplace violence was a major cause of workplace injury, affecting an average of 1.7 million workers per year.
Of course, it’s better to avoid being injured in the first place, so frontline workers should consider asking management about the plan for responding if a customer’s behavior starts to escalate.
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