Order Of The Health Officer Of The County Of Santa Clara Phasing Out The May 18 2021 Health Order Given Widespread Community Vaccination

 

DATE OF ORDER: June 21, 2021

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, 120175, AND SANTA CLARA COUNTY ORDINANCE CODE SECTION A18-33, THE HEALTH OFFICER OF THE COUNTY OF SANTA CLARA (“HEALTH OFFICER”) ORDERS:

 

  1. This Order is made in light of declining cases and widespread community vaccination against COVID-19, including the fact that over 80 percent of Santa Clara County (“County”) residents aged 12 and older have received a first dose of a federally approved COVID-19 vaccine and over 71 percent of those County residents are fully vaccinated, and is based on the current best available information demonstrating the efficacy of vaccination in preventing COVID-19.  In the event that circumstances surrounding COVID-19 change, the Health Officer will reassess whether further action is necessary.  For clarity, the COVID-19 pandemic and local health emergency is ongoing, and all persons are urged to continue to follow all COVID-19 recommendations of the U.S. Centers for Disease Control and Prevention, California Department of Public Health, and County Public Health Department.

 

  1. Phasing Out of May 18, 2021 Health Order. The May 18, 2021 Order of the Health Officer is hereby rescinded, except as follows:
     
    1. The requirements of Sections 1, 2, 3, 4, 6, 9(c), and 10 of the May 18, 2021 Order shall remain in full force and effect with respect to any business or governmental entity (as defined in the May 18, 2021 Order) that has not completed two rounds of ascertainment of vaccination status of personnel pursuant to Section 9(c) of the May 18, 2021 Order and until the time that such business or governmental entity completes two rounds of ascertainment, whereupon the May 18, 2021 Order shall have no further force or effect with respect to that business or governmental entity.
       
    2. Each business and governmental entity (as defined in the May 18, 2021 Order) must maintain appropriate records to demonstrate completion of two rounds of ascertainment pursuant to Section 9(c) of the May 18, 2021 Order for the duration of the COVID-19 Prevention Emergency Temporary Standards, including as they may be amended or readopted, imposed by the California Division of Occupational Safety and Health (Cal/OSHA) and codified at Title 8 of Section 3205 et seq. of the California Code of Regulations.

 

  1. Obligation to Follow State Orders and Regulations. For clarity, all individuals and entities must continue to comply with the orders of the State Health Officer, any mandatory guidance issued by the California Department of Public Health, any mandatory orders of the Governor or a State agency (such as Cal/OSHA), or any other mandatory provision of State law.
     
  2. Getting Vaccinated Is the Best Way to Reduce Risk.  Getting vaccinated against COVID-19 is the best way to protect the vaccinated person from infection, hospitalization, or death from COVID-19, as well as to prevent harm to others by reducing the risk of transmission of COVID-19.  Therefore, all eligible persons are strongly urged to get vaccinated against COVID-19 as soon as possible. 
     
  3. Recommendations from the Health Officer.  The Health Officer urges that all businesses and governmental entities follow the recommendations set forth below: 
    1. Businesses and governmental entities should strongly encourage all personnel to be fully vaccinated as soon as possible, and should regularly request updated vaccination status information from those personnel who are not already fully vaccinated.
    2. Businesses and governmental entities should consider moving operations and activities outdoors, where there is significantly less risk of COVID-19 transmission, especially operations and activities involving patrons who are unlikely to be vaccinated.
    3. Businesses and governmental entities should prohibit all personnel who are not fully vaccinated from engaging in any work-related travel to places with elevated rates of COVID-19, with widespread circulation of variants of concern, or where community vaccination rates are below the average in the Bay Area region.
    4. Businesses and governmental entities should require all personnel not fully vaccinated to obtain regular testing for COVID-19 consistent with current local, state, and federal recommendations.  Any person, vaccinated or unvaccinated, who has COVID-19 symptoms should be tested via a PCR test immediately.

 

  1. The May 13, 2020 Order of the Health Officer Directing Hospitals and Skilled Nursing Facilities to Disclose Personal Protective Equipment Inventories is hereby rescinded. For clarity, other COVID-19 Health Orders that are currently still in effect are not rescinded or modified by this Order.

 

  1. This Order is effective at 12:01 pm on June 21, 2021. This Order shall continue to be in effect until it is rescinded, superseded, or amended in writing by the Health Officer.

 

  1. Copies of this Order shall promptly be: (1) made available at the County Government Center at 70 W. Hedding Street, San José, California; (2) posted on the County Public Health Department’s COVID-19 website (sccgov.org); and (3) provided to any member of the public requesting a copy of this Order.

 

  1. If any provision of this Order or its application to any person or circumstance is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect.  To this end, the provisions of this Order are severable.

 

IT IS SO ORDERED:

Sara H. Cody, M.D.
Health Officer of the County of Santa Clara

Approved as to form and legality:

James R. Williams
County Counsel

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