New California COVID-19 Guidelines Released
As we move into a new phase of the COVID-19 pandemic, California continues to provide its own guidelines. These may or may not align with the Centers for Disease Control (CDC).
On May 6, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) approved the revisions to COVID-19 Emergency Temporary Standards (ETS) which govern workplaces and employer obligations regarding COVID-19. The new ETS expires 12/31/2022. The full text can be found here latest revision. Cal/OSHA issued the updated COVID-19 Prevention Emergency Temporary Standards COVID-19 ETS What Employers Need to Know. These revisions include important information in light of updated guidance from the California Department of Public Health (CDPH) and makes the ETS more flexible if changes are made to CDPH guidance in the future. In December of 2020, Governor Newsom issued Executive Order N-84-20 stating that the recommended isolation and quarantine periods in the ETS will be overridden by an applicable isolation or quarantine recommendation by the CDPH, or if applicable, the local health department with jurisdiction over the workplace.
KEY CHANGES
Face Coverings:
- Face coverings are no longer required for either vaccinated nor unvaccinated employees indoors.
- Face coverings are mandatory in the ETS when California Department of Public Health (CDPH), stipulated by COVID infection Guidance for Face Coverings (ca.gov) requires their use.
- Employees may still request a respirator for voluntary use from their employer.
COVID-19 Testing, Exclusion and Return to Work:
- Employers must make COVID-19 testing available at no cost and during paid time to: a) employees with COVID-19 symptoms b) employees who had a close contact in the workplace regardless of vaccination status and regardless of whether there is a known exposure.
- A self-read and self-administered photo of a test result that is date and time stamped is sufficient for return-to-work purposes.
- Employers may now follow the current CPDH Guidelines regarding quarantine and other measures to prevent COVID-19 transmission in the workplace found here: Guidance on Isolation and Quarantine for COVID-19 (ca.gov)
- Regardless of vaccination status, employees who test positive may return to work after 5 days if the employee has a negative test, symptoms are improving, and they wear a mask at work for an additional 5 days. Otherwise, most employees may return to work after 10 days.
Cleaning and Disinfecting:
- Cleaning and disinfecting procedures are eliminated.
- The definition of COVID-19 hazard no longer includes a reference to objects or surfaces that may be contaminated with the virus.
Check out the new updated definitions by the CDPH for “Close Contact” and “Infectious Period” .
As we each continue to navigate our employer obligations, please reach out to us here at EBHR for support at ondemandhr@everybizhr.com.
This publication is intended to provide general information only and is not intended as a source of legal advice. You should not assume that any information included applies to your specific situation. Accordingly, you should not use this information as a substitute for legal advice from a licensed attorney.
