California’s Non-Emergency COVID-19 Prevention Regulations Are Now Effective

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Although extending many of the ETS requirements, as we previously reported, the Non-Emergency Regulations contain some notable changes. A redline comparing the Non-Emergency Regulations to the ETS is available here. Some important changes include:

  • Eliminating exclusion pay for employees excluded from the workplace as a result of COVID-19;
  • Providing greater flexibility and control over including COVID-19 in required written Injury and Illness Prevention Programs;
  • Reducing COVID-19 training and testing obligations;
  • Eliminating the requirement to report COVID-19 cases and outbreaks to local health departments unless requested or required to do so by law;
  • Adding new ventilation improvement obligations for employers;
  • Modifying certain recordkeeping requirements;
  • Aligning employer notice obligations with those outlined in California Labor Code § 6409.6 (which, as previously discussed, was amended last year by AB 2693 in several significant ways); and
  • Aligning the definition of “close contact” in the Non-Emergency Regulations with that used by the Department of Public Health (including as amended in the future).

Except for recordkeeping requirements, the Non-Emergency Regulations will remain in effect until February 3, 2025. The Non-Emergency Regulations’ recordkeeping requirements will remain effective until February 3, 2026.

To help employers comply with the Non-Emergency Regulations, Cal/OSHA also published new guidance on February 3, including an updated COVID-19 Model Prevention Program and a revised set of Frequently Asked Questions (FAQs), which the agency continues to update. The FAQs are robust and include more than 60 questions and answers covering a range of topics, such as face coverings, testing, training, vaccines, recordkeeping, and reporting.

We are continuing to monitor Cal/OSHA for further guidance.  For now, California employers should work with counsel to review and assess what modifications, if any, they should make to existing COVID-19 Prevention Programs and policies in light of the Non-Emergency Regulations.

[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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