Cal/OSHA COVID-19 Standards Are Here to Stay (for Another Two Years)

Pillsbury Winthrop Shaw Pittman LLP

After numerous iterations and extensions of an emergency temporary standard, Cal/OSHA approved a non-emergency standard on December 15, 2022, set to take effect in January 2023.

TAKEAWAYS

  • Employers are no longer required to pay employees while they are excluded from work due to COVID-19, or to screen employees daily.
  • Employers must still notify and provide paid testing to employees who had a close contact in the workplace.
  • Employers can now incorporate written COVID-19 procedures into their Injury and Illness Prevention Programs.

Now that Cal/OSHA’s COVID-19 standard is permanent through the end of 2024, employers should have more certainty in their COVID-19 procedures and practices. A copy of the new standard is here.

The following are some of the notable changes in Cal/OSHA’s non-emergency standard:

  • Employers are no longer required to provide exclusion pay, though they must still provide information about COVID-19-related benefits (e., sick leave, worker’s compensation).
  • Employers are required to provide testing at no cost, during paid time, to employees who had a close contact in the workplace. They are not required to provide paid testing for symptomatic employees who did not have a close contact in the workplace.
  • Employers are no longer required to implement a process for screening employees for COVID-19 symptoms.
  • The definition of close contacts is dependent on the size of the indoor space (threshold is 400,000 cubic feet per floor). Below the threshold, the trigger is sharing the same indoor airspace for 15 minutes or more over a 24-hour period. Above the threshold, the trigger is being within six feet of a COVID-19 case for 15 minutes or more over a 24-hour period.
  • Though employers must still notify close contacts, employers are not required to record and track close contacts.
  • Employers are no longer required to report cases and outbreaks to the local health department.
  • Written COVID-19 procedures can be part of the Injury and Illness Prevention Plan (IIPP), though they continue being maintained in a separate document (e., COVID-19 Prevention Program).

As it did with the emergency temporary standard, Cal/OSHA may issue fact sheets and FAQs on the non-emergency standard. If and when it does, those resources can be found on Cal/OSHA’s COVID-19 page here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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