COVID-19 Client Alerts:
Revised Cal/OSHA COVID-19 Standard
A revised Cal/OSHA Emergency Temporary Standard for COVID-19 is expected to take effect on May 7, 2022. The new standard is effective until the end of the year, at which time a permanent standard may be adopted.
Key changes for California employers are:
- Employees who are a “close contact” with a COVID-19 case are subject to exclusion from work per the then-current California Department of Public Health (“CDPH”) guidance. The new standard does not include its own return-to-work requirements for these employees.
- Note: Employees who are a COVID-19 case remain subject to return-to-work requirements set forth in the standard. However, as before, those requirements are suspended if they exceed the then-current CDPH applicable quarantine requirements, pursuant to Executive Order N-84-20.
- Acceptable test results to return to work now include a self-administered and self-read test, but only if the employee can provide independent means of verification of the results. (The example given is a time-stamped photo of the test results.)
- Employers are no longer required to provide face coverings to employees, unless face coverings are required by a CDPH or local public health order.
- Cleaning and disinfecting procedures are no longer required.
Employers should read the new standard in its entirety for further details. And – importantly – employers must make the necessary revisions to their COVID-19 Prevention Plan and employee notices.