Updated CalOSHA Workplace Policy for COVID-19 Prevention in Effect
The California Occupational Safety and Health Standards Board (CalOSHA) approved new amendments to the COVID-19 Emergency Temporary Standards (ETS) for workplace safety. The new revision was adopted by the Office of Administrative Law last Thursday and went into effect this Saturday, May 7. This policy will remain until December 31, 2022 with a permanent ETS expected to be adopted on January 2023.
The new revision reflects changes from the Governor’s Executive Order to automatically align workplace standards with CA Department of Public Health (CDPH) requirements and guidance for isolation and quarantine periods.
The definition for fully vaccinated was deleted so there is no longer a distinction between unvaccinated and fully vaccinated employees and will be treated as the same.
Testing: Employers must continue to provide testing during work hours at no cost to employees who came in close contact with a case regardless of their vaccination status. However, employers are no longer required to provide testing to recently exposed employees who recovered from COVID-19 and fit the return to work criteria:
· The employee returned to work after an infection and did not develop any symptoms after returning
· Shall be considered a returned case for 90 days after initial onset of symptoms or the first positive test
Changes allow employees to self-administer tests and self-verify COVID-19 results without a 3rd party present if it can be verified such as a time-stamped photograph of the results.
Return to Work Criteria: An employee may return to work until the criteria is met below:
· At least 5 days have passed from the date symptoms began or if the employee does not develop COVID-19 symptoms, from the date of their first positive test
· At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher have resolved without use of fever reducing medication
· A negative COVID-19 test is taken on the fifth day, or if the employer chooses not to require a test, 10 days have passed since the symptoms began or if no symptoms are present, from the date of the first positive COVID-19 test
· An employee with COVID-19 shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or from the date of their first positive test if they do not have symptoms
Face coverings: Employers are only required to provide and ensure face coverings are worn when required by orders from CDPH, and no longer have to pass the light test to qualify as a face covering. Those exempt from wearing a face mask are no longer required to physically distance six feet as long as the employer continues to test the employee for COVID-19 weekly.
Respirators: Employers will be required to provide respirators for voluntary use to all employees regardless of vaccination status. Prior revisions only required employers to provide respirators to employees who are not fully vaccinated.
Cleaning: The ETS removes the employer requirement to implement cleaning and disinfecting procedures.
Exclusion pay was not removed from the revision and will continue to be required.
CalOSHA will update their FAQs page in the coming weeks to clarify and provide additional explanation to the changes for employers complying with the new revision.
CTA is in the process of updating our COVID-19 Illness Prevention Guide with the new revisions adopted by CalOSHA. We will alert members when the guide is available.
