Blog County Officials Approve Tesla’s Safety Plan to Resume Production in Fremont

Tesla’s fight with Alameda County regarding the automaker’s factory shutdown appears to be over.

A press release issued Tuesday said Alameda County reviewed Tesla’s safety plan for employees and found it appropriate for returning workers to the Fremont factory.

“We reviewed the plan and held productive discussions today with Tesla’s representatives about their safety and prevention plans, including some additional safety recommendations,” the release said. “If Tesla’s Prevention and Control Plan includes these updates, and the public health indicators remain stable or improve, we have agreed that Tesla can begin to augment their Minimum Business Operations this week in preparation for possible reopening as soon as next week.”

Tesla started some production efforts on Monday at its Fremont, Calif. factory, days after filing a lawsuit against county officials who ordered a pause in the manufacturing line to keep employees safe from COVID-19. When California’s governor lifted restrictions, but allowed local officials to implement their own plans, Alameda County decided to keep the stay-at-home order in place, keeping the Tesla plant closed.

Tesla Chief Executive Elon Musk, who has downplayed the virus and been critical of orders to keep the factory closed, said Monday on Twitter that the factory was back to producing cars and he was willing to be arrested if officials objected.

The safety plan that seemed to satisfy officials was published Sunday by Tesla.

“Given the Governor’s recent guidance, which is supported by science and credible health data, the state and federal government’s classification of vehicle manufacturing as national critical infrastructure, and our robust safety plan, Tesla has started the process of resuming operations,” the blog post said. “Our employees are excited to get back to work, and we’re doing so with their health and safety in mind.”

The Alameda County press release said that additional approved activities for local businesses, including Tesla, will go into effect next week. 

 

[lascavarian]

It seems from what is stated....

“If Tesla’s Prevention and Control Plan includes these updates, and the public health indicators remain stable or improve, we have agreed that Tesla can begin to augment their Minimum Business Operations this week in preparation for possible reopening as soon as next week.”

That Tesla has some things to do. If they update their plan and submit it in updated form with details then this could receive approval for reopening next week. Looks like what they did submit was sufficient for continuing Minimum Business Operations.

The tone remains contingent IMO. All of this is driven by the virus and stable health indicators. If the virus activity takes an upward swing then all the plans of mice and men ...

 

[MXLRplus]

Alameda Officials:

 

[jboy210]

Pretty much as I thought. The county health department will check in on them occasionally and Tesla will make cars. All this dust-up because people were unwilling to speak to each other. Complete waste of time, money, and energy on both sides.

 

[frnkblk]

It seems from what is stated....

“If Tesla’s Prevention and Control Plan includes these updates, and the public health indicators remain stable or improve, we have agreed that Tesla can begin to augment their Minimum Business Operations this week in preparation for possible reopening as soon as next week.”

That Tesla has some things to do. If they update their plan and submit it in updated form with details then this could receive approval for reopening next week. Looks like what they did submit was sufficient for continuing Minimum Business Operations.

The tone remains contingent IMO. All of this is driven by the virus and stable health indicators. If the virus activity takes an upward swing then all the plans of mice and men ...

The headline doesn't match the body of the story ... as the OP wrote, the tone of Alameda County indicates that this still very much contingent.

 

[frnkblk]

Note that it's not "will go into affect next week" but "will go into effect next week",

 

[Tam]

The headline doesn't match the body of the story ... as the OP wrote, the tone of Alameda County indicates that this still very much contingent.

It is a public compromise so that the incident doesn't look that bad for the public.

The New York Times reported 4 days ago that:

"Scott Haggerty, the county supervisor for the district in Alameda County where Tesla’s Fremont plant is located, said on Saturday that he had been confident that county health officials and Tesla executives were close to an agreement on reopening the plant on May 18. But, Mr. Haggerty said, that appeared to be unacceptable to Mr. Musk, who wanted to open the plant on May 8."

The negotiation behind the scene was productive but bringing it to the open would make someone looks bad:

County: Temperature checks need to be done before boarding a company's shuttle prior to going to Tesla Fremont factory.

Tesla: No. Temperature checks only need to be done after arriving at Tesla Fremont factory and not prior to boarding the company's shuttle.

That might show that Tesla disregards employees' safety by allowing an unknown temperature status to board in the same shuttle with everyone else.

The current public rampage seems to suggest that if you want to be paid as an employee, you'd better go along with the company's illegal actions that were not approved by the County and not approved by a court even after filing the lawsuit.

So May 18th has been discussed but maybe Tesla just doesn't like the same date as GM and other car companies!

Tesla tries to portrait itself in a very negative view but the County has tried to make sure to the public that it doesn't look that bad.

 

[cali8484]

So, Musk threw a temper tantrum with lawsuit and threat to move because the county wanted to take a prudent course of action with a short delay of 10 days given the worst pandemic in generations?

 

[Krugerrand]

So, Musk threw a temper tantrum with lawsuit and threat to move because the county wanted to take a prudent course of action with a short delay of 10 days given the worst pandemic in generations?

No, that’s not at all what happened, but feel free to not bother digging a bit deeper and back track to prior to the lawsuit. Like the part where the county said they’d get back to Tesla in 3 or maybe 6 weeks.

Yeah, just carry on thinking he had no provocation to stick a poker up their butts to move them along and get his employees back to collecting paychecks and being able to pay their bills.

 

[Tam]

...No, that’s not at all what happened, but feel free to not bother digging a bit deeper and back track to prior to the lawsuit. Like the part where the county said they’d get back to Tesla in 3 or maybe 6 weeks.

Yeah, just carry on thinking he had no provocation to stick a poker up their butts to move them along and get his employees back to collecting paychecks and being able to pay their bills.

When filing a lawsuit, the filer needs the court's approval or decision before acting on the violation of the law.

 

[Uncle Paul]

Glad that the company is going to begin producing cars again. California has gotten themselves into a terrible financial fix, and getting industry/commerce producing again is the only solution.

Instead of all those employees sitting at home and getting enhance unemployment checks, they will begin working again and paying taxes.

 

[cali8484]

No, that’s not at all what happened, but feel free to not bother digging a bit deeper and back track to prior to the lawsuit. Like the part where the county said they’d get back to Tesla in 3 or maybe 6 weeks.

Yeah, just carry on thinking he had no provocation to stick a poker up their butts to move them along and get his employees back to collecting paychecks and being able to pay their bills.

Not sure what you are referring to. If you have evidence of the county singling out Tesla specifically for delay then please by all means share the info.

In any case, Tesla didn't even submit plan for county review until Monday so the county could not approved before then.

 

[Uncle Paul]

Elon probably just felt like regulators were dragging their feet, and showing no urgency to get company back up and running again.

Regulators had no incentive to open up again, so Elon gave them some.

 

[cali8484]

Glad that the company is going to begin producing cars again. California has gotten themselves into a terrible financial fix, and getting industry/commerce producing again is the only solution.

Instead of all those employees sitting at home and getting enhance unemployment checks, they will begin working again and paying taxes.

All for restarting the economy in California but not for businesses to decide on their own to violate legal orders.

 

[Uncle Paul]

Some feel that these are not really legal orders, but governmental edicts. Governments do not really want their edicts to be challenged in a court case. They have nothing to loose if they keep all the businesses closed down and petition the Federal Government to bail them out.

Many of the edicts are passed down by unelected government employees or valued professionals. They seem to not be much more accurate than others in their estimates of the damage that will come from covid. Believe the Alameda employee responsible for the shut down orders is only a family physician with little expertise in immunology.

We will soon see who was right. If covid flares up (not just a few isolated cases) imagine they will make a case to shut it down again.

 

[Tam]

...Some feel that these are not really legal orders...

In a civilized society, violation of a law is not a good example for a company.

Especially if that the rationale for that law is to save lives.

Let me make up a case: No driving allowed in zero visual foggy condition. The driver would argue that I know this familiar straight road and I can drive straight through without problem!

That's where we are: We got a new virus with limited information so it's like in a fog. The visualizations that we can use as a guidepost are infection data, death data, hospitalization data...

The county wants to be prudent in the name of saving lives but Tesla proves otherwise.

 

[cali8484]

Elon probably just felt like regulators were dragging their feet, and showing no urgency to get company back up and running again.

Regulators had no incentive to open up again, so Elon gave them some.

Some feel that these are not really legal orders, but governmental edicts. Governments do not really want their edicts to be challenged in a court case. They have nothing to loose if they keep all the businesses closed down and petition the Federal Government to bail them out.

Many of the edicts are passed down by unelected government employees or valued professionals. They seem to not be much more accurate than others in their estimates of the damage that will come from covid. Believe the Alameda employee responsible for the shut down orders is only a family physician with little expertise in immunology.

We will soon see who was right. If covid flares up (not just a few isolated cases) imagine they will make a case to shut it down again.

You are making a distinction without a difference. So, it's OK for "some" people/businesses to think for whatever reason they know better than the health experts and legal authorities to violate legal orders/edicts? I am all for "some" people/businesses that disagree with a legal order/edict to sue to change it but in the meantime follow the law.

 

[Uncle Paul]

Do not believe that these guidelines, issued by unelected government workers are enforcable laws.

For the most part it is good policy to abide by these guidelines, but I do not feel that they are inforcable by incarcerations. Especially when convicted criminals are being wholesale let out of jails and prisons due to Covid 9 contaminations.

People should social distance, wear masks, stay home when possible and generally not interact with others that may be carriers, but to force a merchant to lose his business, not walk on a beach, not be able to get necessary surgery etc, makes me feel uncomfortable.

Even Hitler did not have absolute power, but did take power by edict, not majority elected by the people.

Worry that many of these edicts are just people in power bullying citizens and businesses. Notice Fauci mandates everyone to wear a mask when near others, but does not do so himself.

Just because you are fighting a virus, does not inherently give you absolute power to take the livelyhoods of citizens.

 

[jboy210]

Do not believe that these guidelines, issued by unelected government workers are enforcable laws.

For the most part it is good policy to abide by these guidelines, but I do not feel that they are inforcable by incarcerations. Especially when convicted criminals are being wholesale let out of jails and prisons due to Covid 9 contaminations.

People should social distance, wear masks, stay home when possible and generally not interact with others that may be carriers, but to force a merchant to lose his business, not walk on a beach, not be able to get necessary surgery etc, makes me feel uncomfortable.

Even Hitler did not have absolute power, but did take power by edict, not majority elected by the people.

Worry that many of these edicts are just people in power bullying citizens and businesses. Notice Fauci mandates everyone to wear a mask when near others, but does not do so himself.

Just because you are fighting a virus, does not inherently give you absolute power to take the livelyhoods of citizens.

According to the sheriff in the county the orders of the County Health Officer are enforceable laws.

And according to California code:

The sheriff of each county, or city and county, may enforce within the county, or the city and county, all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may enforce within the area subject to his or her jurisdiction all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the local health officer. When deciding whether to request this assistance in enforcement of its orders, the local health officer may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers.

(Added by Stats. 2005, Ch. 478, Sec. 4. Effective January 1, 2006.)

(Bolded for emphasis)

And it is not unique to California. Here is what the Texas code says:

Sec. 121.024. DUTIES. (a) A health authority is a state officer when performing duties prescribed by state law.

(b) A health authority shall perform each duty that is:
(1) necessary to implement and enforce a law to protect the public health; or
(2) prescribed by the department.
(c) The duties of a health authority include:
(1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction;
(2) aiding the department in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation in the health authority's jurisdiction;
(3) reporting the presence of contagious, infectious, and dangerous epidemic diseases in the health authority's jurisdiction to the department in the manner and at the times prescribed by the department;
(4) reporting to the department on any subject on which it is proper for the department to direct that a report be made; and
(5) aiding the department in the enforcement of the following in the health authority's jurisdiction:
(A) proper rules, requirements, and ordinances;
(B) sanitation laws;
(C) quarantine rules; and
(D) vital statistics collections.

 

[Brovane]

According to the sheriff in the county the orders of the County Health Officer are enforceable laws.

So why didn't the Sheriff enforce it? At anytime the Fremont PD or the Alameda County Sheriff Department could have gone to the factory and enforced the order. However they didn't. Which could means the county has realized the quarantine laws could be on shaky legal grounds constitutionally and they don't want a judge ruling they are invalid.