Cal/OSHA Issues Revised COVID-19 Emergency Temporary Standards

On June 17th, the California Division of Occupational Safety and Heath (Cal/OSHA) adopted a revised set of proposed revisions to the COVID-19 Prevention Emergency Temporary Standards. They took effect immediately.
Here are the major changes in the revised regulations:
Testing and Quarantine. Fully vaccinated employees do not need to be tested or quarantined following close contact with COVID-19 cases, unless they exhibit symptoms. As a result, employers are only required to offer paid testing and time off for testing for the following employees:
  • Symptomatic, unvaccinated employees;
  • Unvaccinated employees after an exposure to a COVID-19 case;
  • Vaccinated employees after an exposure, if they develop symptoms;
  • Unvaccinated employees in an “outbreak” (defined as 3 + cases in a group);
  • All employees in a “major outbreak” (defined as 20+ cases in a group).
Physical Distancing. The revised regulations remove any physical distancing or barrier requirements, regardless of employee vaccination status, with one exception: if the worksite has a “major outbreak” (20+ cases in a single employee group). By contrast, if the worksite has an “outbreak” (3+ cases), the employer must evaluate whether to enforce distancing or barriers.
Face Covering. Vaccinated employees are exempt from wearing face coverings indoors, EXCEPT: (1) in “outbreak” situations (3+ cases) when distancing cannot be maintained; and/or (2) in those settings in which the Cal. Dept. of Public Health (CDPH) requires face coverings: schools, youth settings, public transit, healthcare settings (including long term care facilities), prisons, shelters and cooling centers. Employers must document vaccination record and it must be kept confidential.
Unvaccinated workers must still wear face covering, except when: (1) outdoors; (2) alone in a vehicle; (3) eating or drinking; (4) when disability or religious-related accommodation is required; or (5) when job duties make covering infeasible.
Respirators/N95s. Employers must make respirators/N95 masks available to unvaccinated employees upon request.
Air Filtration. Employers must evaluate ventilation systems to maximize outdoor air and increase filtration efficiency.
Still Required. Employers are still required to:
  • Maintain a written COVID-19 Prevention Program;
  • Provide effective training how to use the Prevention Program;
  • Notify the public health department of “outbreaks”;
  • Notify employees of exposure and close contacts;
  • Offer testing to employees after potential exposure.
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