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Mask use and vaccinations for Gilpin County

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Effective August 16 – $2,500 penalty for failure to comply

Purpose and Area Subject to Order

This Public Health Order (“PHO”) 20-03 updates Gilpin County’s mask wearing requirements and implements a weekly COVID-19 testing policy affecting Gilpin County government employees and officials that remain unvaccinated. The mask and other requirements set forth herein supersede and control over any prior public health orders issued by the Gilpin County Board of Health (“Board”). This Order applies to the entirety of Gilpin County including the City of Black Hawk and Central City pursuant to C.R.S.§ 25-1-510.

MASK REQUIREMENTS

County Government Employees and Officials Mask Requirements

When Interacting with the Public in County Buildings. All Gilpin County government employees and officials are required to wear masks when interacting with the public inside County buildings or enclosed structures.

No Masks Required if Fully Vaccinated and Not Interacting with Public. Gilpin County government employees and officials that are fully vaccinated are not required to wear masks when interacting with other Gilpin County employees and officials. Fully Vaccinated means two (2) weeks after a second dose in a two dose­ series of the COVID-19 vaccine, such as the Pfizer or Moderna vaccine, or two (2) weeks after the single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine. Based on instructions from the Gilpin County Public Health Agency, the Gilpin County Human Resources Department will provide instructions on when and how to provide proof of being fully vaccinated.

Masks and Weekly COVID Test Required for Unvaccinated. Employees and officials that are not fully vaccinated are required to wear masks at all times when (1) inside County buildings or other enclosed structures,(2) when working for the County in non-county buildings or enclosed structures, and (3) when working outside on County or non-county property if at least 6 feet distance cannot be maintained with others. Additionally, employees and officials not fully vaccinated are required to be tested weekly for COVID-19 infection. Unvaccinated employees and officials are required to contact the Gilpin County Human Resources Department acting under the direction of the Gilpin County Public Health Agency as soon as possible on or after August 16, 2021but not later than August 23, 2021so that weekly testing can be coordinated and an adequate number of test kits can be obtained for this purpose. In the event an employee or official tests positive for COVID-19, they should immediately notify the Human Resources Department and the Gilpin County Public Health Agency. Contact information for this purpose and any additional information will be provided by the Gilpin County Human Resources Department in collaboration with the Gilpin County Public Health Agency. Those testing positive for COVID-19 are required to isolate themselves away from others at home for 10 days from the date of the first symptoms or from the date of the test if asymptomatic or such other period as may be directed by the Gilpin County Public Health Agency. The Gilpin County Public Health Agency will contact anyone testing positive for COVID-19 and conduct contact tracing to determine if anyone has been in contact with the infected employee or official and determine if quarantining of those contacts is necessary.

Public Mask Requirements Inside County Buildings

Members of the public are required to wear masks inside Gilpin County buildings or enclosed structures.

Public Mask Requirements Outside on County Property

When outdoors on County Property and at least six feet distancing cannot be maintained between persons that do not reside in the same household, members of the public are required to wear masks.

State Mask Order

The Colorado Department of Health and Environment (“CDPHE”) Fifth Amended Public Health Order 20-38 is currently in effect until12:01a.m. MDT September 1, 2021(“CDPHE Order 20-38”). CDPHE Order 20-38 requires  masks for unvaccinated  or not fully vaccinated patients, residents, and visitors, and medical grade face masks for unvaccinated or not fully vaccinated staff in the following settings that serve vulnerable or at-risk populations:(1) Homeless shelters;(2) Prisons;(3) Jails; and (4) Emergency medical and other healthcare settings (including hospitals, ambulatory surgical centers, urgent care centers, clinics, doctors’ offices, and non-urgent care medical structures). All of the settings and facilities identified in this paragraph are strongly encouraged to require all of their unvaccinated and not fully vaccinated staff to participate in COVID-19 testing as follows: (1) Daily rapid testing every day that they work in the facility or setting, and/or (2) Once weekly polymerase chain reaction (PCR) testing.

Exceptions to CDPHE Order 20-38 mask requirements include: (1) individuals 11 years of age or younger; (2) individuals who cannot medically tolerate a face covering, and (3) individuals participating in one of the following activities: (i) individuals who are hearing impaired or otherwise disabled or who are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication; (ii.)  individuals who enter a business or receive services and are asked to temporarily remove a face covering for identification purposes; (iii.) individuals who are actively engaged in a public safety role, such as Jaw enforcement officers, firefighters, or emergency medical personnel; or (iv.) individuals who are officiating or participating in a life rite or religious service where the temporary  removal of a face covering is necessary to complete or participate in the life rite or religious service.

Nothing in this CDPHE Order 20·38 changes or abrogates the Centers for Disease Control and Prevention’s (CDC) Order on January 29, 2021, requiring the wearing of masks by travelers to prevent the spread of COVID-19. All Coloradans must abide by the CDC’s Order, which can be found at https:ljwww.cdc.gov/quarantine/masks/mask-travel-guidance.html.

Helpful information and requirements for masks can be found at https://covid19.colorado.gov/mask-guidance.

Masks and Increased Hygiene and Health Assessment Encouraged Everywhere Not Otherwise  Required in this Order. Masks still provide an important protection against COVID-19 infection especially given the continued prevalence of the COVID-19 virus and the increasing and more virulent variants. Increased hygiene measures like hand washing, use of disinfectants, and cleaning help reduce the spread of the virus as well. Finally, everyone, both vaccinated and unvaccinated, should be assessing their health regularly for symptoms of illness. If you have symptoms, you should consult with a doctor to confirm if you are sick so that you can receive appropriate guidance and care and determine if you should be tested for COVID or quarantined.

Gilpin County Public Health Agency

The Gilpin County Public Health Agency has the discretion to revise the procedures for implementing the public health measures in this Order to best accomplish the goals and requirements herein.

Reasons for this Order and Discussion on Vaccinations

The public health measures in this Order are meant to protect the health, safety and welfare of Gilpin County citizens, visitors and businesses as well as those communities beyond our County borders that may be impacted directly or indirectly by those infected in Gilpin County. Gilpin County is not at this time requiring mandatory vaccinations of the public or proof of vaccinations. Gilpin County does, however, strongly encourage everyone to get fully vaccinated and do so as quickly as possible. COVID-19 has entered a fourth phase of the pandemic caused by the still considerable unvaccinated population. The seriousness of this fourth phase presents an even greater public health threat due to the increase in COVID-19 variants like the Delta variant, which is presently the most prevalent and contagious strain of the virus. Vaccination is our best defense against all strains of the virus. The more people that remain unvaccinated, the more opportunities the COVID-19 virus and its variants have to infect anyone and then further mutate to become even more contagious and deadly.

Effective Date and Time limitations

This Order is effective commencing at 12:00 a.m. MDT, August 16, 2021and will remain in effect until further notice.

Legal Authority

This Order is adopted pursuant to the legal authority set forth C.R.S. § 25-1-506 as well as all other applicable laws, rules, regulations, orders and declarations. Under this authority, the Board has the power and duty to investigate and control the causes of epidemic or communicable diseases and conditions affecting public health; to establish, maintain, and enforce isolation and quarantine; to exercise physical control over the property and over persons of people within the territorial limits of Gilpin County; to close public places and to prohibit gatherings of people to protect public health; all as the Gilpin County Board of Health may find necessary for the protection of the public health. Issuance of this Order is deemed reasonable and necessary under the existing circumstances and necessary for the preservation of the public health, safety and welfare of Gilpin County, its citizens and the general public.

Most Restrictive Standards Control

To the extent any State of Colorado and/or federal orders or laws are more restrictive than what is set forth herein, such orders and laws control. Individuals should be aware that new orders from Governor Polis and the Colorado Department of Public Health and Environment (“CDPHE”) have been and may continue to be issued on matters related to the COVID-19 pandemic. All members of the public are responsible for following the Governor’s and CDPHE’s orders and local orders including this Order. Additionally, Gilpin County Board of Health may legally require and implement more restrictive standards, requirements, and orders for Gilpin County than what the State of Colorado or the Federal government may require. To the extent this Order is more restrictive than orders from the State of Colorado or federal government, this Order controls.

Penalties

Fai1ure to comply with this Order is subject to penalties pursuant to C.R.S.§ 25-1-516 and C.R.S. § 18-1.3-501 including a fine of up to two-thousand five hundred dollars ($2,500).

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