Member Resources

Policy Announcements

4/28/20: State Revises Critical Infrastructure Workers List:
On Tuesday the Newsom Administration revised its California Critical Infrastructure Workers list.  The change, effective immediately, appears to more clearly call out life science facilities broadly as essential workplaces.  As always, please consult proper counsel for applicability to your specific circumstance.

ESSENTIAL WORKFORCE:

7. Workers in other medical and life science facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric, Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical goods and supplies, including cannabis).

8. Workers for health manufacturing (including life science companies, and companies that have shifted production to medical supplies), materials and parts suppliers, technicians, logistics and warehouse operators, printers, packagers, and distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs, and cannabis products), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, personal hygiene products, and tissue and paper towel products.

Statewide

• Newsom Administration Releases Life Science Guidelines: On Thursday, May 7, Governor Gavin Newsom released guidances for businesses re-opening under early Phase II of California’s four phase plan. The guidance for life science companies can be found here, along with a checklist that companies can use as a resource in preparing to re-open.
• In action announced 5/6, Governor Gavin Newsom has signed an Executive Order creating a rebuttable presumption employees who are reporting to a workplace and become stricken with COVID-19 are entitled to California workers compensation benefits as a workplace caused condition (subject to certain criteria, such as exhausting any supplemental COVID-19 related sick leave programs the employer may have allowed). According to the release, “Those eligible will have the rebuttable presumption if they tested positive for COVID-19 or were diagnosed with COVID-19 and confirmed by a positive test within 14 days of performing a labor or service at a place of work after the stay at home order was issued on March 19, 2020. The presumption will stay in place for 60 days after issuance of the executive order.”
• Essential Worker Categories – Biocom Update – 3/23
• Governor’s office issues some 3/15 clarifications on “essential worker categories,” life science status unchanged. Biocom continues to work diligently with our industry partners to gain more clarity. Read More.
• 2020 Small Business Resources – State Treasurer’s Office | COVID-19 Biz Tools
• California Franchise Tax Board – Income Tax Filing Extension
• CA.gov – Coronavirus 2019 (COVID-19)
• CA Department of Public Health
• CSAC Resources Regarding Coronavirus (COVID-19)
• Employment Development Department (EDD) – Paid Family Leave and Unemployment
• Gov. Newsome Orders Statewide Shelter in Home Order

Federal

• OSHA/HHS: Guidance on Preparing Workforces for COVID-19
• Relief Package Updates: Paycheck Protection Program | Senate Letter | PPP Increase – Section-by-Section | Hospital and Testing Summary
• The CARES Act: A Summary for Technology and Life Sciences Companies
• The CARES Act: A Summary of Loan Programs
• CDC – COVID-19 Resources
• CDC – Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19), February 2020
• FAA – Guidance for Travelers from Countries with Widespread Sustained (Ongoing) Transmission Arriving in the United States
• FDA Virtual Town Hall Series – Immediately in Effect Guidance on Coronavirus (COVID-19) Diagnostic Tests
• FDA Guidance on Conduct of Clinical Trials of Medical Products
• FDA Issues Emergency Use Authorization for Decontamination of N95 Masks
• IRS – Income Tax Filing Extension
• IRS – COVID-19 Related Paid Leave and Tax Credits
• NIH to launch public-private partnership to speed COVID-19 vaccine and treatment options
• WHO – Getting your workplace ready for COVID-19
• Small Business Administration – Find Local Assistance
• Small Business Administration (SBA) – Economic Injury Disaster Loan

Bay Area

• 5/17 Updated San Francisco Public Health Order
• April 27, 2020 Update: The Public Health Officers of the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara as well as the City of Berkeley issued a joint statement that later this week they will issue revised shelter-in-place orders that will largely keep existing shelter in place orders in place through the end of May, with a “limited easing of specific restrictions for a small number of lower-risk activities.” The release states “The Health Officers will also release a set of broad indicators that will be used to track progress in preparedness and response to COVID-19, in alignment with the framework being used by the State of California.”
• March 31, 2020 Update: The six counties in the San Francisco Bay Area that initially issued shelter-in-place orders on March 16th extended and revised their orders with further restrictions, including limitations on construction activity. While pharmaceutical and biotechnology companies are still considered essential and may continue to operate as normal while practicing social distancing, construction will now be limited to: healthcare projects directly related to addressing the COVID-19 pandemic, housing and mixed use projects that include a minimum of 10% affordable units, projects that “provide services to vulnerable populations,” and developments that are required to “maintain the safety, sanitation, and habitability of residence and commercial buildings.”
• For those Bay Area companies who will maintain operations under the revised 3/31 local emergency order, please be aware of the following language regarding social distancing requirements (item #5 on the emergency orders). A social distancing protocol template can be found here. All Essential Businesses are strongly encouraged to remain open. But Essential Businesses are directed to maximize the number of employees who work from home. Essential Businesses may only assign those employees who cannot perform their job duties from home to work outside the home. All Essential Businesses shall prepare, post, and implement a Social Distancing Protocol at each of their facilities at which they are maintaining operations, as specified in Section 13.h. Businesses that include an Essential Business component at their facilities alongside non-essential components must, to the extent feasible, scale down their operations to the Essential Business component only; provided, however, that mixed retail businesses that are otherwise allowed to operate under this Order may continue to stock and sell non-essential products. Essential Businesses must follow industry-specific guidance issued by the Health Officer related to COVID-19. Alameda County | Contra Costa County | Marin County | San Francisco City and County | San Mateo County | Santa Clara County | City of Berkeley.

• Alameda County: 4/29 Extended SIP Order, City of Berkeley 4/29 Extended SIP Order | Mandatory Face Covering Order | Public Health Department, Berkeley – Chamber of Commerce COVID-19 Resources, Berkeley Business Support, Emeryville – Resources for Small Businesses and Non-Profits, Fremont – Business Resources During COVID-19 Outbreak, Oakland Business Resources
• Contra Costa County: 4/29 Extended SIP Order | Mandatory Face Covering Order | Public Health Department
• Marin County: 4/29 Extended SIP Order | Mandatory Face Covering Order | Public Health Department
• Napa County:  Public Health Department, Shelter in Place Order
• San Francisco City & County: 4/29 Extended SIP Order | Mandatory Face Covering Order | Public Health Department, Small Business Resiliencey Fund, Other resources for small businesses | Deferred Business Registration Fees and Business Licensing Fees (Unified License Fees)
• San Mateo County: 4/29 Extended SIP Order | Mandatory Face Covering Order | Face Covering Poster | Public Health Department, South San Francisco – Business Resources | May 6-8: Apply for SSF Forgivable Micro Loans
• Santa Clara County: 4/29 Extended SIP Order | Social Distancing Protocol | On 4/8, the County of Santa Clara issued an order requiring a one time inventory reporting to the County of PPE’s in excess of the minimums contained in Section 7 of the order. This information page also provides a link to the survey companies are required to submit. Public Health Department, FAQs
• Sonoma County: Mandatory Face Covering Order | Public Health Department, Shelter in Place Order
• Solano County:  Public Health Department, Shelter in Place Order

San Diego

• Addendum 1 to the Order of the Health Officer, effective April 3, 2020: On April 2nd, the County of San Diego issued an addendum to its original COVID-19 related Public Health Order requiring essential businesses still operating and open to the public to complete and post a social distancing and sanitation protocol form at or near an entrance of each facility operated in San Diego County at a place visible to both the public and employees, and distribute the form to each employee performing work in the facility. The deadline for compliance for this element is 12am, Tuesday April 7.
• Additionally, starting April 4th essential workers at supermarkets, grocery stores, gas stations, convenience stores, restaurants, and pharmacies are required to wear cloth facial coverings. During the press conference announcing the addendum, it was recommended that all people consider wearing facial covers when in public spaces.
• Businesses and Employers Resources – San Diego County
• COVID-19 Safety Protocols for Construction Sites
• Essential Businesses in SD County Must Adopt COVID-19 Social Distancing & Sanitation Plan Immediately
• San Diego City Council approved a $6.1M relief package for small businesses
• San Diego County Health & Human Services Agency
• SANDAG iCommute’s telework resources
• State, county, city form task forces to reopen economy
• Oceanside | Carlsbad | San Diego

Los Angeles

• 5/12 Update: L.A. County likely to leave stay-at-home orders in place through July to fight coronavirus – Read More
• LA County Now Requiring Mandatory Face Coverings
• LA County Safer at Home Order for Control of COVID-19 – 4/10
• LA County Public Health Department
• LA County COVID-19 FAQs
• LA County Live Updates
• LA Chamber of Commerce COVID-19 (Coronavirus) Resource Guide
• LA EDC Resources for Businesses, Employers and Workers
• Resilience Toolkit for Los Angeles Small Businesses

Orange County

• Orange County issues recommendation for face coverings at essential businesses
• Order and Guidance of the OC Health Officer