Law Asked on November 7, 2021
My wife and I are trying to interpret the document
Reopening Protocol for Personal Care Establishments:
Appendix R Effective as of June 19, 2020t the document from LA County
Department of Public Health,
The confusion is in a section titled: "ADDITIONAL CONSIDERATIONS FOR NAIL SALONS"
The confusion is wether the word considerations implies "optional".
Also, the first line in "Addtional Considerations" list:
- A plastic partition between worker and client with ample space cut out where hands or feet can be slid
underneath to conduct the manicure or pedicure has been provided, when feasible.
Does that mean we determine what is feasible, or does the Dept. or Health?
This is a bit confusiong for someone with limited English.
in a section titled: "ADDITIONAL CONSIDERATIONS FOR NAIL SALONS" The confusion is wether the word considerations implies "optional".
No. Additional does not mean optional. In fact, page 1 of Appendix R states in bold: "All businesses covered by this protocol must implement all applicable measures listed below" (emphasis added).
Listing measures specific for nail salons in a separate section is a straight-forward way to indicate that businesses which are not --or do not involve-- nail salons don't need to be concerned about implementing those measures.
Does that mean we determine what is feasible, or does the Dept. or Health?
You determine what is feasible, but at all times you need to "be prepared to explain why any measure that is not implemented is not applicable to the business". See continuation of the aforementioned statement.
Thus, if you determine that providing the "plastic partition [etc.]" is impractical or not functional, your assessment needs to be persuasive for an inspector to rule out a finding of non-compliance.
Answered by Iñaki Viggers on November 7, 2021
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