Two great articles with links to help you navigate the new CalOSHA COVID-19 Emergency Regulations and Prevention Plan, written by Kim Gushman, President & CEO of CEA (CA Employers Association):

• Cal/OSHA’s Emergency Regulations: The Good, The Bad & The Ugly

• Newly Required Cal/OSHA COVID-19 Prevention Plan

New California OSHA Standard Applicable to Storage Operators Effective November 30, 2020 The California Occupational Safety & Health Board approved a new standard to prevent the spread of COVID-19 in workplaces in the state, including at self storage facilities. The standard will become effective upon formal approval by the Office of Administrative Law, which is anticipated to occur soon, and the standard is expected to become operative on November 30, 2020.  Below is a summary of most of the core provisions of the standard. First, employers must implement a written COVID-19 Prevention Program that must contain several required provisions. As one example, employers must develop a system for communicating information about COVID-19 such as asking employees to report to the employer, without fear of reprisal, COVID-19 symptoms, possible COVID-19 exposures, and possible COVID-19 hazards at the workplace. Further, storage operators and owners must develop and implement a process for screening employees for and responding to employees with COVID-19 symptoms.  Employers must have an effective procedure to investigate COVID-19 cases in the workplace, and if a case is confirmed, take several additional steps. Operators must implement effective procedures for correcting unsafe or unhealthy conditions. Additionally, there are several training requirements that employers must implement, including, but not limited to, training regarding the employer’s COVID-19 policies and procedures to protect employees from COVID-19 hazards. There are also social distancing and mask mandates. Generally, all employees must be separated from other persons by at least six feet, with limited exceptions, and employers must provide face coverings and ensure they are worn by employees. Storage operators must implement other engineering and administrative controls. For example, employers must identify and regularly clean and disinfect frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, and bathroom surfaces. The standard also outlines several recordkeeping and reporting requirements. In the event of a positive COVID-19 case, employees may not return to work until at least 24 hours have passed since a fever of 100.4; COVID-19 symptoms have improved; and at least 10 days have passed since COVID-19 symptoms first appeared. The standard also includes a provision that covers employer-provided housing, which some storage owners may provide to live-on-site managers. However, most provisions of that section are not applicable if the occupants maintained a household together before living in the employer-providing housing, such as family members in an apartment at a self storage facility. Finally, there are additional requirements that attach if a workplace experiences three or more cases within a 14-day period as well as further requirements for “major” outbreaks which are 20 or more cases within a 30-day period. All California operators should review the entire standard as soon as possible given that the requirements become effective on November 30, 2020. The SSA recommends that you consult with your legal counsel as well as occupational safety / industrial hygiene experts to ensure compliance with all of the required measures. If you have any questions, please contact:  Joe Doherty or Daniel Bryant      Thank you,  Ross Hutchings, CAE Executive Director California Self Storage Association ross@californiaselfstorage.org Office: (888) 277-2207

Governor Gavin Newsom and the California Department of Public Health (CDPH) announced a limited Stay at Home Order requiring generally that non-essential work, movement and gatherings stop between 10 PM and 5 AM in counties in the most restrictive (Purple) tier.

More specifically, the order will take effect at 10 p.m. Saturday, November 21^st and remain in effect until 5 a.m. December 21^st.  This is the same as the March Stay at Home Order, but applies only between 10 p.m. and 5 a.m. and only in purple tier counties that are seeing the highest rates of positive cases and hospitalizations. 

A copy of the Governor’s office press release can be found here: https://www.gov.ca.gov/2020/11/19/state-issues-limited-stay-at-home-order-to-slow-spread-of-covid-19/.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

Renowned self storage attorney, Carlos Kaslow on AB 1867 - Covid-19 CA Sick Leave Law:

First, the good news about California’s new Covid-19 paid sick leave law (AB 1867):  unless a business  has 500 or more employees it does not apply.  The bad news is that the number of employees is determined by counting all employees, not just those who work in California.   For supplemental sick leave purposes, the company must include workers anywhere in the U.S. and its possessions.  Benefits are only paid to California based workers, but all employees are counted, even those retained through a hiring agency.

The vast majority of California self storage facility operators are not covered by the supplementary sick leave pay requirement. We assume that those large operators who are covered have their human resource departments hard at work on implementing its requirements.  Figuring out which employees are and are not covered, the maximum benefit workers may collect, and exactly when the supplemental leave expires is not as simple as employers may think. The law could sunset on December 31, 2020 but may be extended if the Covid-19 emergency continues.       

65 DAYS LEFT TO GET COMPLIANT CEA Offers LIVE Anti-Harassment and Discrimination Training by the January 1, 2021 Deadline California employers with 5 or more employees are required to provide anti-harassment and prevention training to their employees by the end of 2020. SB 1343 (check our website for more detail) requires one hour of sexual harassment and abusive conduct training for non-managerial employees, and two hours for managerial employees once every two years. CEA continues to provide onsite, classroom-style training to employers in English and Spanish, and we now offer virtual training! Our trainings use real-world examples and audience participation to help employees retain the information they learn and recognize harassment in the workplace. To supplement your live trainings, we also offer on-demand training. Our dynamic and highly qualified trainers, plus our affordable rates make this requirement easy to comply with. Book your trainings now, before the 1/1/2021 deadline and stay in compliance with California employment laws!  For more information see our harassment prevention training page, or give us a call at 800-399-5331. California Employers Association 1451 River Park Drive #116 Sacramento, California 95815 (800) 399-5331  employers.org CSSA is a member of, and partnering with CEA to provide HR-related information & training to our self storage members

Oct. 8, 2020

3 New Covid-Related Bills                  Employers Need to Know About

Previous Governors have waited until the last minute before knowing what new legislation we would have for the coming year. That's not the case this year! On September 17, Governor Newsom signed 3 bills (1 went into effect immediately!). Here's what you need to know.   Read more >>

     

Call Us: 800-399-5331

3 New Bills Employers Need to Know About

Posted by: Kim Gusman, President & CEO on Wednesday, September 30, 2020

Previous Governors have waited until the last minute before knowing what new legislation we would have for the coming year. That's not the case this year. On September 17, 2020, Governor Newsom signed one bill which went into effect immediately and two other bills which will significantly impact California employers in 2021. Here's what you need to know.

SB 1159 — COVID-19 Outbreaks at Work — Effective Now!

Senate Bill 1159 was signed on September 17, 2020 and immediately went into effect. This bill is retroactive back to July 6, 2020. SB 1159 applies to all workers in California and expands workers' compensation access to front line workers, and employees exposed to COVID-19 during a workplace "outbreak."

Police officers, firefighters, and health care workers — including janitors in contact with COVID-19 patients — are eligible if they get infected while on the job. All other workers are eligible for WC if their workplace experiences an "outbreak."

An "outbreak" is defined as:

• Four or more infected employees who work at the same location within a two-week period, for employers with 5 to 100 employees.
• At least 4% of employees working in the same location being infected in a two-week period, for employers with more than 100 employees.

The rules for first responders and health care workers are permanent. While the rules for all other employees are effective through January 1, 2023. (Yes, 2023!)

Bottom Line for Employers: When there is a 14-day workplace outbreak, there is also a rebuttable presumption that employees who test positive were infected at work. Employees do not have to prove they were infected on the job to get benefits. In order to deny coverage, an employer must prove their employees did not get the virus while on the job.

AB 685 — One-Day Workplace Notifications re: COVID-19

Effective January 1, 2021, Assembly Bill 685 requires employers to notify employees of potential COVID-19 exposures in a timely manner. Under AB 685, once an employer learns that an employee or a subcontractor's employee has tested positive for COVID-19 (or been ordered to self-isolate for 14 days), they must provide written notice within one business day to other employees who worked at the same job site. The notice must contain information about what COVID-19 related benefits the employee is entitled to under federal, state, and local laws, and the employer's disinfection and safety plan. Employers are required to keep a copy of all notices provided to employees for three years. Finally, AB 685 requires employers to notify local public health agency officials within 48 hours that an employee has tested positive for COVID-19.

Bottom Line for Employers: Written notices are due to employees within one business day after you are notified that an employee contracted COVID-19, and records must be retained for three years. Public health agencies must be notified of a COVID-19 case within 48 hours.

SB 1383 — Expands CFRA to Employers with 5 or More Employees

Effective January 1, 2021, Senate Bill 1383 expands the California Family Rights Act's (CFRA) leave protections to more employees. SB1383 requires employers to provide 12 weeks of CFRA leave to all employees who provide reasonable notice and a qualifying reason for leave. Employees will still need to meet eligibility requirements, including 12 months of service and 1,250 hours worked for the employer in the previous 12-month period, to qualify for family and medical leave. However, SB 1383 contains many significant changes:

1. Small employer alert! Previously, the CFRA applied to employers with 50 or more employees. Now, it applies to all employers with 5 or more employees.
2. Expands the definition of family member. Previously, leave to care for a family member was limited to an employee's child, parent, spouse, or domestic partner. Now, an employee can also obtain CFRA leave to care for a grandparent, grandchild, or sibling.
3. Both parents get CRFA. Previously, employers who employed both parents of a child were permitted to grant a combined total of 12 weeks of leave. The new law requires an employer to grant up to 12 weeks of leave to each employee.
4. Qualifying exigency. SB 1383 requires employers to provide up to 12 weeks of unpaid job-protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee's spouse, domestic partner, child, or parent in the Armed Forces of the United States.
5. Removes the "key employee" exception to reinstatement. SB 1383 no longer permits employers to refuse reinstatement of "key employees" under qualifying circumstances.
6. Revokes the New Parent Leave Law (NPL) which provided 12 weeks of job-protected leave for employees to bond with a new child. NPL currently applies to employers with 20-49 employees and will expire on January 1, 2021.

Bottom Line for Employers: Update your 2021 Employee Handbook regarding the new CFRA rights if you have 5 or more employees. If you have 50 or more employees and are covered by the federal Family Medical Leave Act, ensure you know the difference for eligibility and how they may impact your workforce.

News Release September 29, 2020 For Immediate Release (916) 210-6000 agpressoffice@doj.ca.gov Attorney General Becerra Issues Consumer Alert on Price Gouging Following State of Emergency Declarations in Del Norte, Los Angeles, Mendocino, Napa, Shasta, and Sonoma Counties SACRAMENTO – California Attorney General Xavier Becerra issued a consumer alert following the Governor’s declaration of a state of emergency for the counties of Napa, Shasta, and Sonoma due to fires. Additionally, on September 25, the Governor declared a state of emergency for the counties of Del Norte, Los Angeles and Mendocino due to various fires which have burned thousands of acres, destroyed homes and caused the evacuation of residents. Attorney General Becerra reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. “Multiple fires burning throughout the state have forced evacuations for thousands of California residents. During this difficult time, they shouldn’t have to worry about whether they’re being illegally cheated out of fair prices,” said Attorney General Becerra. “Our state’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies. I encourage anyone who has been the victim of price gouging, or who has information regarding potential price gouging, to immediately file a complaint with our office online at oag.ca.gov/report, or to contact their local police department or sheriff’s office.” California law generally prohibits charging a price that exceeds, by more than 10 percent, the price of an item before a state or local declaration of emergency. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business. Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute. # # # You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: https://oag.ca.gov/news/press-releases/attorney-general-becerra-issues-consumer-alert-price-gouging-following-state-17 You may view all News & Alerts on our website at: https://oag.ca.gov/news Please visit the remainder of the Attorney General's site at: https://oag.ca.gov/

in partnership with        

To all Self Storage Owners/Operators in California –

California is in the midst of an unprecedented economic crisis, and yet another threat is on the horizon for consumers. PROP 15 on the November ballot will be the largest property tax increase in state history at $11.5 billion per year.

Prop 15’s higher property taxes will cause the cost of living to increase for all Californians as businesses face higher operating costs. The result is consumers and businesses can expect to pay more for everything from their storage unit to their groceries.

That is why small businesses, farmers, social justice organizations, and taxpayer advocates across California oppose this massive tax increase.

Why should everyone be concerned about PROP 15?

• Threatens jobs – An estimated 120,000 private-sector jobs will be lost during a time of record unemployment.
• Raises prices for consumers –  Higher taxes on businesses will ultimately get passed on to consumers in the form of increased costs on just about everything people buy and use, including storage units, groceries, fuel, utilities, day care and health care.
• Hurts small businesses –  PROP 15 does nothing to prevent higher property taxes from being passed to small business tenants through higher rents.

What can you do to help defeat this this proposition?

1. Educate yourself on the proposition and the arguments why people should vote NO ON PROP 15

• Attend our NO ON PROP 15 Town Hall with Tino Rossi – CSSA PROP 15 Town Hall
• NO ON PROP 15 coalition has all the information you need – PROP 15 info
• Stay informed on what self storage industry is doing with NO ON PROP 15 – CSSA PROP 15 info

2. Spread the word to your tenants, employees, neighbors, and friends

• Download and place window flyer in your self storage office(s) – Action Steps - window flyer English; For various window flyer translations + B & W – Action Steps - window flyer options
• Send a letter to your tenants –

o We will be supplying you with a letter written for self storage tenants 

o Or you can modify and use this one: Self Storage Tenant letter

  o  Or modify and use this one: NO ON PROP 15 - tenant letter- Option 2

• If you are active on social media, use their social posts – Action Steps - Social Media Posts

3. Donate to help NO ON PROP 15 coalition spread the word in the media

• It’s never too late to donate to help expand the media reach – NO ON PROP 15 donation

Watch the NO ON PROP 15 ads: "Barbershop Closed"  and "Wrong Time"

NO ON PROP 15 coalition has been working hard to defeat this proposition. We need your help to provide the grass roots education campaign. Thank you for your participation.                                                     

Ross Hutchings, CAE                                    Tim Dietz, CAE                                                   CSSA Executive Director                               SSA President & CEO

             in partnership with     

TO ALL CALIFORNIA SELF STORAGE BUSINESSES_

We need your help to get the word out about PROP 15 (also called Split Roll)

This is the proposition that attempts to split commercial property tax from residential (from the original Prop 13).

(See information below)

NO ON PROP 15 TOWN HALL

Thursday, September 24, 2020 – 11:30am

Featuring Tino Rossi (of the NO ON PROP 15) to explain the proposition, answer your questions, and tell you how we can work together to defeat this

No on Prop 15 TOWN HALL Discussion: California Self Storage Association When Thu Sep 24, 2020 11:30am – 12:30pm Pacific Time - Los Angeles Where https://us02web.zoom.us/j/83679056977 (map) Calendar ross@californiaselfstorage.org Who • tino@meridianhq.com - organizer • ross@californiaselfstorage.org more details » Tino Rossi is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://us02web.zoom.us/j/83679056977 Meeting ID: 836 7905 6977 One tap mobile +16699006833,,83679056977# US (San Jose) +13462487799,,83679056977# US (Houston) Dial by your location         +1 669 900 6833 US (San Jose)         +1 346 248 7799 US (Houston)         +1 253 215 8782 US (Tacoma)         +1 929 205 6099 US (New York)         +1 301 715 8592 US (Germantown)         +1 312 626 6799 US (Chicago) Meeting ID: 836 7905 6977 Find your local number: https://us02web.zoom.us/u/kb7PjfG2O2