Pub. 8 2019-2020 Issue 3

SPRING 2020 11 Both San Diego’s Social Distancing Protocols and the Stage 2 guidance require measures to prevent unnecessary physical contact between people and with commonly used items. Like the measures addressing crowds and distancing, these measures are not mandatory, but must be followed where possible. Dealers should therefore instruct employees to avoid contact with each other and customers, avoid handling customers’ personal items such as credit cards and car keys, remove beverage and food self-service, and make use of contactless payment systems where possible. reopened businesses in San Diego County, dealers should understand both sets of rules and choose the prevention protocol that makes the most sense for their situation. Selecting a Prevention Approach Any dealership with an open showroom must comply with either the County’s Social Distancing and Sanitation Protocol for essential businesses or with the state’s Stage 2 reopening guidance. Both require similar prevention methods, though the state has released guidance for the auto dealer industry that is more tailored to dealerships. The major difference between the two is that businesses operating as essential businesses may only allow employees to work at the dealership if the employee is essential to selling, leasing or servicing vehicles, including selling parts. While most dealership employees qualify as essential, this distinction may be important for dealerships that would like business staff to return to work on site. In addition, dealers should consider the likely time frame when selecting a compliance approach. While most dealerships at this point should be in compliance with the Social Distancing and Sanitation Protocol for the County, the Protocols are very general and inflexible. The Phase 2 reopeningguidance ismore flexible and tailored to the industry. Therefore, most dealerships may find that adopting the Phase 2 approach has the benefit of setting up a more sustainable prevention approach. Prevention Approaches No matter which legal approach dealerships take to operating under county health orders, they should adopt all mandatory measures discussed below and consider non-mandatory additional prevention measures to help limit liability. Public Sign Posting If the dealership is operating as an essential business, a copy of the Social Distancing Protocol must be completed and posted at every public entrance. If the dealership is operating as a reopened business under Stage 2 guidance, the dealership must post a summary of its prevention plan, using the County’s Safe Reopening Plan form at each public entrance. In addition, all dealerships must post a sign informing employees and the public about all of the following: • They should avoid entering the facility if they have a fever or cough • They should maintain a minimum of six-feet of distance from other people • They should not shake hands or engage in unnecessary physical contact Dealerships following the Stage 2 guidance must also post a sign stating that members of the public must wear a mask in the facility. However, the Governor issued a state wide face covering mandate in mid-June, so all dealerships should post and enforce this requirement now. Measures to Protect Employee Health All businesses must certify that they have informed all employees that 1) if they can carry out their duties at home they should do so and 2) that if they are sick they should not come to work. These requirements will likely stay in place for months even after the statewide shelter in place order is lifted, so dealerships should both evaluate which employees can perform their duties from home and be sure to understand health leave laws, both state and federal. All businesses must also arrange workspaces, such as desks and service bays, so that they are separated by at least six feet. In sales and F&I departments, this should include arranging chairs and desks so that customers will be at least six feet away fromemployees. This requirement may bemost difficult for service bays. If bays cannot be arranged to allow for this distance, dealerships should consider erecting barriers between service bays, such as clear Plexiglas. Businessesmust also implement a regular schedule for sanitizing common areas such as bathrooms and breakrooms. This schedule must be posted on the Social Distancing Protocol form, though it need not be specified on the Safe Reopening Plan. Disinfectant cleaning supplies, hand sanitizer that is effective against COVID-19 (containing at least 60% alcohol) and soap and water must be made available to employees. The locations of the supplies must be listed on the Social Distancing Protocol form or Safe Reopening Plan. Finally, all employees who work at the dealership must receive a copy of whichever prevention protocol the dealership is using. Dealers should Continued on page 12