FRESNO, CA (KMJ) Confusion arises over whether or not people are being required to wear in Fresno County.
On Wednesday, some media outlets were reporting a supposed new order that masks were being required by Friday, May 22, 2020.
The issue was quickly rectified Wednesday, live on-air during KMJ’s Ray Appleton Show, after a phone call between Ray and two county supervisors, Buddy Mendes and Steve Brandau.
‘To mask or not to mask’ that was the question.
Steve Brandau said “It probably came from our own health department here in Fresno County.”
Supervisor Brandau explaining to KMJ’s Ray Appleton said “In the process, it looked like it was going to be a mandate – but the Board of Supervisors doesn’t support a mandate.”
Brandau told Appleton that they worked behind the scenes to clarify the problem; “The language is going to be amended to make it voluntary”
“Are you anticipating any flack from making this voluntary?” asked Appleton.
Brandau replied; “Well, there’s going to be some folks that believe that it should be a mandate, you know we’re very divided in our opinions over COVID-19.”
Both Supervisors Mendes and Brandau were telling Appleton during the segment that the state of California has not mandated requiring masks.
“Yeah, they haven’t mandated it,” said Mendes, “that was just kinda how it was fixed, and it’s just like a strong advisement. If you cannot social distance, meaning if you’re going to get within 6 feet of somebody that’s when the mask deal came into play.” “Okay,” said Appleton.
Both supervisors told Ray Appleton that they don’t want anything to stop people from coming into Fresno County to shop.
Brandau said that people had been driving to Clovis to shop because of the restrictions in Fresno, and that was hurting small businesses, including his own.
An email was sent out from Fresno County Public Information Officer, Jordan Scott on Wednesday afternoon to further clarify the issue:
Good afternoon, all. Please note that the masking guidance in the updated Health Officer Order is a recommendation, NOT a mandate. We are in the process of clarifying the language in Item #9 of the order from “All residents ‘shall’ use cloth masks….” to “All residents ‘should’ use cloth masks…” https://www.co.fresno.ca.us/Home/ShowDocument?id=44779
While this masking guidance is not a mandate, we continue to urge the public to voluntarily comply with the masking recommendations in the interests of public health and safety and to help mitigate the spread of COVID-19.
Click to hear the report by KMJ’s Liz Kern:
READ THE FULL HEALTH ORDER BELOW BELOW:
County of Fresno
Department of Public Health
ORDER OF THE HEALTH OFFICER
Amended May 18, 2020
Pursuant to California Health and Safety Code Sections 101040, 120175, and 120175.5(b) the Health
Officer of the County of Fresno orders as follows:
1. This order is issued as a result of the World Health Organizations declaration of the worldwide
pandemic of Coronavirus Disease (COVID‐19). COVID‐19 is a respiratory illness that can spread from
person to person. COVID‐19 is contained in the droplets that can be sneezed, coughed, or exhaled
into the air by infected individuals.
2. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020
Proclamation of a State of Emergency issued by Governor Gavin Newsom; the March 13, 2020
Declaration of a National Emergency issued by President Donald Trump; the March 15, 2020
Declaration of Local Health Emergency based on an imminent and proximate threat to public health
from the introduction of novel COVID‐19 in Fresno County; the March 15, 2020 Declaration of Local
Emergency; the March 17, 2020 Resolutions of the Board of Supervisors of the County of Fresno
ratifying the Local Emergency and Local Health Emergency; the guidance issued on March 11, 2020
by the California Department of Public Health regarding large gatherings of 250 people or more;
Governor Gavin Newsom’s Executive order N‐25‐20 of March 12, 2020 preparing the State to
commandeer hotels and other places or temporary residence, medical facilities, and other facilities
that are suitable as places of temporary residence or medical facilities as necessary for quarantining,
isolating, or treating individuals who test positive or COVID‐19 or who have had a high‐risk exposure
and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the
centers for Disease Control and Prevention, the California Department of Public Health, and other
public health officials through the United States and around the world recommending the
cancellation of gatherings involving more than fifty (50) or more persons in a single space at the
same time; Governor Newsom’s Executive Order N‐33‐20 giving the state the ability to increase the
health care capacity in clinics, mobile health care units and adult day health care facilities and
allowing local governments more flexibility to utilize the skills of retired employees in order to meet
the COVID‐19 surge; and Governor Newsom’s Executive Order N‐39‐20 indented to expand the
health care workforce and recruit health care professionals to address the COVID‐19 surge. The
Governor and the County Public Health Officer continue to issue COVID‐19‐related orders to
mitigate the public health crisis.
2
3. As of today, there are over 4.4 million cases in the world and over 302, 000 deaths. In California,
there are over 73000 confirmed cases and 3000 deaths. We can expect the number of cases to
increase significantly should action not being taken to decrease the spread of the disease.
4. There currently is no available treatment, however, transmission of the disease can be slowed
through community mitigation measures that decrease the likelihood of being exposed to the
droplets of an infected person. These measures include limiting large scale events and mass
gatherings and practicing social distancing. Aggressive containment operations including isolating
suspect cases and persons under investigation and quarantining their contacts can limit the spread
of the disease, reduce the impacts of the disease on society, and avoid more stringent measures
that would cause further detriment to civil society.
5. Within the public health system, every person who meets the Centers for Disease Control (CDC)
criteria for disease within Fresno County has been and will be tested. However, both locally and
nationally there is limited testing capabilities due to availability and number of laboratory test kits
and specimen collection kits.
6. Effective May 18, 2020, the following will be in effect for Fresno County:
A. Any business wishing to re‐open, expand operations, or do business in the County of Fresno,
must follow State guidelines for ensuring safety of workers and customers during the COVID‐19
crisis. If a business does not believe it can meet the State guidelines, the business must contact
the Fresno County Department of Public Health with an alternate plan to meet health and safety
guidelines. Any alternate plans or regional variances must be approved by the Health Officer
before deviating from the State guidelines. Please contact 559‐600‐3200 to obtain contact
information and instructions about how to proceed.
B. All Employers shall:
i. Comply with Department of Public Health Investigation and Guidance Requests in a timely
manner when employees are confirmed with COVID infection.
C. Health Care Providers shall:
i. On a daily basis report to the public health branch of the Health and Human Services Agency
all patients seen in their practice with a febrile respiratory illness
ii. The patient information will include demographic information, including age, as well as
residential address and clinical status, indicate whether rapid point of care testing was
performed and their results, and indicate if COVID‐19 testing was done; and
iii. Direct the patient, if no exclusionary diagnosis is found, to isolate him/herself for ten days
after onset of symptoms or three days after cessation of fever without the use of fever‐
reducing medications AND to notify all close contacts to quarantine themselves for 14 days
from the last known contact with the patient
iv. Provide testing results for the patients who are tested at their premises as soon as these are
available
3
D. Agricultural Employers shall:
i. On a daily basis, demonstrate compliance with the Safety & Health Guidance: COVID‐19
Infection Prevention for Agricultural Employers and Employees issued on April 7, 2020 by
the California Department of Industrial Relations Division of Occupational Safety & Health
Publication Unit.
ii. Department of Public Health, and/or the Public Health Officer may modify this guidance
based on other factors.
E. All Other Employers shall:
i. On a daily basis, while conducting business, screen all employees for febrile respiratory
illness
ii. Exclude from work all employees that report symptoms of febrile respiratory illness for ten
days from the day that they are identified as having symptoms; and
iii. Direct employees excluded from work to isolate at home AND to notify all close contacts to
quarantine themselves for 14 days from the last known contact with the patient.
iv. The Department of Public Health, the Public Health Officer, and individual business
Employee Health Departments with the approval of the Health Officer, may modify this
guidance based on other factors. Businesses must contact the Health Department and
receive approval from the health officer before modifying the above guidance. Please
contact 559‐600‐3200 to obtain contact information and instructions about how to proceed.
F. All Residents shall:
i. Self‐monitor for signs and symptoms of COVID‐19; and
ii. Isolate themselves if they have signs and symptoms for ten days after onset of symptoms,
unless they should require further medical attention, AND notify their close contacts to
quarantine for 14 days.
iii. Comply, in a timely manner, with public health requests related to close contact tracing to
ensure that infection containment is achieved in the interest of community health and
safety.
7. Criteria for clearance to return to work:
A. The following items relate to criteria to allow employees to return to work, based on current
best practice guidance from the Centers for Disease Control and Prevention (CDC).
i. The Department of Public Health, the Public Health Officer, and individual business
Employee Health Departments with the approval of the Health Officer, may modify this
guidance based on other factors.
ii. Businesses must contact the Health Department and receive approval from the health
officer before modifying the following guidance to allow employees to return to work.
4
B. Workers may return to work:
i. After 10 days have passed since positive COVID test date, if they remain asymptomatic.
ii. After 10 days have passed since ONSET of COVID symptoms and 3 days since recovery from
these symptoms, if they are symptomatic.
8. For the purpose of this order:
A. Febrile respiratory illness is defined as “a new or worsening episode of either cough or shortness
of breath, presenting with fever (temperature 38 degrees C or 100.4 degrees F or higher) or
chills in the previous 24 hours;”
B. Close contact is defined as “someone who has spent 15 minutes or more time within 6 feet or
less of the index person while unmasked;”
C. Isolation is defined as “separation of sick people with a contagious disease from people who are
not sick;”
D. Quarantine is defined as “separation and restricts the movement of people who were exposed
to a contagious disease to see if they become sick;”
E. Social distancing is defined as “maintain a six‐foot separation from all persons except for family
members;” and
F. Symptoms of COVID‐19:
(i) Fever
(ii) Cough
(iii) Shortness of breath
(iv) Chills
(v) Repeated shaking/ tremors
(vi) Muscle pains
(vii) Headache
(viii)Sore throat
(ix) New loss of taste or smell
9. County‐wide Masking Requirement Effective May 22, 2020:
All residents shall use cloth masks or equivalent face covering while indoors at work, while visiting a
business, or while coming into close contact with someone who is not a family member, in
accordance with CDC guidelines to prevent spread of respiratory droplets when physical distancing
cannot be maintained.
i. Face coverings with one‐way exhalation valves are not sufficient to comply with this order.
5
ii. Adults with respiratory illnesses, certain medical conditions, and children under 12 years old
are excused from use of face coverings due to suffocation risk; however, they should still
comply with social distancing of at least 6 feet from others outside their households.
iii. Hands should be clean when masks are being placed or removed, and hand‐to‐face activity
kept to a minimum to prevent the introduction of viral droplets to the airway.
iv. This requirement is to help slow the spread of novel coronavirus in situations where social
distancing is not maintained due to social spacing or professional conditions.
10. This order shall supersede the previous orders issued on March 27 and April 14, 2020. The Health
Officer may amend this order as needed. This Order shall remain in full force and effect until
terminated, superseded, or amended.
11. The California Department of Public Health (CDPH) and the Centers for Disease Control and
Prevention (CDC) may recommend further guidance.
I, as Interim Health Officer for the County of Fresno, encourage voluntary compliance with this Health Officer’s
Order. However, violation of this order is subject to fine, imprisonments or both (California Health and Safety Code
Section 120295.)
Violation of or failure to comply with this Order is punishable by fine, imprisonment or both under various criminal
statutes:
Cal. Penal Code section 148 makes it a misdemeanor to resist, delay, or obstruct a public officer, in the discharge of
his or her duty. Sheriff deputies and city police officers are authorized to enforce health orders in the discharge of
his or her duty.
Cal. Penal Code section 69 may be charged as a felony for the attempt, by means of any threat or violence, to
deter or prevent an executive officer from performing any duty imposed by law, or to knowingly resist, by the use
of force or violence, the officer, in the performance of the officer’s duty. Sheriff deputies and city police officers
are authorized to enforce health orders in the discharge of his or her duty.
Cal. Penal Code section 409.5 allows the health officer to close an area where a calamity has created an immediate
menace to public health.
California Health and Safety Code sections 120275 and 120295 makes it a misdemeanor to violate certain sections
of the Health and Safety Code, including those requiring individuals to comply with health orders to facilitate
isolation or quarantine.
________________________________________ 5/18/2020_____________
Rais Vohra MD, Date
Interim Health Officer
6
NOTICE OF RIGHTS
1. If you object to this isolation/quarantine order, you have a right to arrange for your own legal
representative.
2. You have a right to also file a Writ of Habeas Corpus under California Penal Code Section 1473 to
seek release from the isolation/quarantine order.
3. You have a right to request release from isolation by contacting FCDPH at (559) 600-3332 during
normal business hours. After hours, weekends, and holidays notify FCDPH On-Call staff at (559)
352-7067. If no response, contact County Sheriff Dispatch at (559) 600-3111.
4. All requests to contact the County Health Officer will be through FCDPH at (559) 600-3332 during
normal business hours. After hours, weekends, and holidays notify FCDPH On-Call staff at (559)
352-7067. If no response, contact County Sheriff Dispatch at (559) 600-3111.
