(3/29): Update on Status of Critical Infrastructure Workplaces

Since Governor Newson’s Executive Order on March 19, the life science trade associations have been working at both the federal and state level to gain clarity on how much of the life sciences were covered in the ambiguous federal language referenced by the state order. On Saturday, March 28, a critical change was made to the federal CISA list which is specifically referenced in the Governor’s order. With respect to biomedical companies, this language appears to be significantly broader than the previous incarnation. The revised CISA list now reads Workers in other medical and biomedical 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, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified HealthCenters, and retail facilities specializing in medical good and supplies).

Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, 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), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products.

If one refers back to the Governor's original order (linked above), a hyperlink in that order points to the federal website, which now points to the new guidance language.

ORDER OF THE STATE PUBLIC HEALTH OFFICER March 19, 2020 To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19. In addition, and in consultation with the Director of the Governor's Office of Emergency Services, I may designate additional sectors as critical in order to protect the health and well-being of all Californians.

In light of this, companies whose operations were affected by the Governor’s 3/19 order may wish to consult appropriate counsel as to whether this affects their situation.