DIRECTIVE OF THE HEALTH OFFICER No. 2020-06

DIRECTIVE OF THE HEALTH OFFICER OFTHE CITY AND COUNTY OF SAN FRANCISCO REGARDING REQUIRED BEST PRACTICES FOR SHIPPING OR DELIVERY ESSENTIALBUSINESSES

(PUBLIC HEALTH DIRECTIVE)

DATE OF DIRECTIVE: May 8, 2020 (updated May 15, 2020)

By this Directive, the Health Officer of the City and County of San Francisco (the “Health Officer”) issues industry-specific direction that certain Essential Businesses providing goods and services described below must follow as part of the local response to the Coronavirus Disease 2019 (“COVID-19”) pandemic. This Directive constitutes industry-specific guidance as provided under Section 6 of Health Officer Order No. C19-07c issued on April 29, 2020 (the “Stay-Safe-At-Home Order”) and, unless otherwise defined below, initially capitalized terms used in this Directive have the same meaning given them in that order. This Directive goes into effect immediately upon issuance but provides for an implementation grace period requiring compliance by 11:59 p.m. on May 22, 2020, and this Directive remains in effect until suspended, superseded, or amended by the Health Officer, as further provided below.

This Directive has support in the bases and justifications set forth in the Stay-Safe-At-Home Order. As further provided below, it also automatically incorporates any revisions to that order or other future orders issued by the Health Officer that supersede that order or reference this Directive. This Directive is intended to promote best practices as to Social Distancing Requirements and sanitation measures, helping prevent the transmission of COVID-19 and safeguard the health of workers, customers,
and the community.

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER DIRECTS AS FOLLOWS:

1. This Directive applies to all owners, operators, managers, or supervisors of any

Essential Businesses that the Stay-Safe-At-Home Order permits to be open to the

public in the City and County of San Francisco (the “City”) and that provide

services or perform work as described in subsections 16.f.ii, 16.f.xiii, 16.f.xvi, or

16.f.xix of the Stay-Safe-At-Home Order where the services include the function of

shipping or delivering groceries, food, or other goods directly to residences or

businesses (“Delivery-Related Essential Businesses”).

2. Attached as Exhibit A to this Order are a list of best practices that apply to

Delivery-Related Essential Businesses (the “Best Practices”). This Directive and the

attached Best Practices may be revised by the Health Officer, through revision of

this Directive or another future directive or order, as conditions relating to COVID-

19 require, in the discretion of the Health Officer. Each Delivery-Related Essential

Business must stay updated regarding any changes to the Stay-Safe-At-Home Order

and this Directive by checking the City Administrator’s website (www.sfgsa.org) or

the Department of Public Health website

(https://www.sfdph.org/dph/alerts/coronavirus.asp) regularly.

3. Each Delivery-Related Essential Business must, by 11:59 p.m. on May 22, 2020,

create, adopt, and implement a written health and safety plan (a “Health and Safety

City and County of Department of Public Health San Francisco Health Officer Directive

Health Officer Directive No. 2020-06 Plan”) addressing all applicable Best Practices attached to this Directive as Exhibit 1.

The Health and Safety Plan must address each requirement listed in the Best

Practices, whether by describing the plan for implementing the requirement or

indicating why the requirement does not apply. The Best Practices attachment is

not itself intended to serve as the Health and Safety Plan, such as by having the

Essential Business simply check off items that have been or will be done. Rather,

the contents of the Best Practices must be adapted into a separate Health and Safety

Plan. A form-fillable electronic document for this purpose is available online at

http://www.sfgsa.org or https://www.sfdph.org/dph/alerts/coronavirus.asp, as is a sample

Health and Safety Plan. But a Health and Safety Plan may be hand-written or

otherwise completed in any format that addresses the substance of all the listed

requirements in the Best Practices.

4. Depending on the nature of the Essential Business covered by this Directive, there

may be certain people associated with the Essential Business that are subject to this

Directive. Collectively those people are referred to by this Directive and the Best

Practices as “Personnel”, and those people include all of the following who provide

goods or services associated with the Essential Business in the City: employees;

contractors and sub-contractors (such as those who sell goods or perform services

onsite or who deliver goods for the business); independent contractors (such as “gig

workers” who perform work via the Essential Business’s app or other online

interface); vendors who are permitted to sell goods onsite (such as farmers or others

who sell at stalls in farmers’ markets); volunteers; and other individuals who

regularly provide services onsite at the request of the Essential Business. This

Directive requires the Essential Business to ensure that Personnel who perform

work associated with the Essential Business are addressed by the Health and Safety

Plan and comply with those requirements.

5. Each Delivery-Related Essential Business subject to this Directive must provide

items such as Face Coverings (as provided in Health Order No. C19-12 issued on

April 17, 2020), hand sanitizer or handwashing stations, or both, and disinfectant

and related supplies to Personnel and to the public, all as required by the Best

Practices. If any such Delivery-Related Essential Business is unable to provide these

required items or otherwise fails to comply with required Best Practices or fails to

abide by its Health and Safety Plan, then it must cease operating until it can fully

comply and demonstrate its strict compliance. Further, as to any non-compliant

operation, any such Delivery-Related Essential Business is subject to immediate

closure and the fines and other legal remedies described below, as a violation of the

Stay-Safe-At-Home Order.

6. Each Delivery-Related Essential Business is required to take certain steps in the

Health and Safety Plan related to its Personnel, including certain actions listed in

Sections 2.1 through 2.4 of the Best Practices if Personnel are sick. Each Delivery-

Related Essential Business is prohibited from taking any adverse action against any

Personnel for staying home in the circumstances listed in Sections 2.1 through 2.4 of

the Best Practices. Personnel of each Delivery-Related Essential Business are

prohibited from coming to work if they are sick and must comply with the Directive,

including the rules for returning to work listed in Sections 2.1 through 2.4 of the

Best Practices.

City and County of Department of Public Health

San Francisco Health Officer Directive

Health Officer Directive No. 2020-06

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7. Each Delivery-Related Essential Business must (a) make the Health and Safety Plan

available to a member of the public on request, (b) provide the plan to all Personnel

working on site or otherwise in the City in relation to its operations, and (c) post the

plan in any storefront or at the entrance to any other physical location that such

Essential Business operates within the City.

8. Implementation of this Directive augments—but does not limit—the obligations of

each Delivery-Related Essential Business under the Stay-Safe-At-Home Order

including, but not limited to, the obligation to prepare, post, and implement a Social

Distancing Protocol under Section 6 and subsection 16.h of the Stay-Safe-At-Home

Order. The covered Delivery-Related Essential Businesses must follow these

industry-specific Best Practices and update them as necessary for the duration of

this Directive, including, without limitation, as this Directive is amended or

extended in writing by the Health Officer and consistent with any extension of the

Stay-Safe-At-Home Order, any other order that supersedes that order, and any

Health Officer order that references this Directive.

This Directive is issued in furtherance of the purposes of the Stay-Safe-At-Home Order.

Where a conflict exists between this Directive and any state, local, or federal public health

order related to the COVID-19 pandemic, including, without limitation, the Social

Distancing Protocol, the most restrictive provision controls. Failure to carry out this

Directive is a violation of the Stay-Safe-At-Home Order, constitutes an imminent threat

and menace to public health, constitutes a public nuisance, and is a misdemeanor

punishable by fine, imprisonment, or both.

Tomás J. Aragón, MD, DrPH, Date: May 8, 2020

Health Officer of the

City and County of San Francisco