CALIFORNIA’S REVISED EMERGENCY TEMPORARY STANDARDS FOR COVID-19 AS OF APRIL 21, 2022

As federal and state governments continue to loosen their requirements in the workplace for COVID-19, California has followed suit and made it easier for employers to comply with COVID-19 workplace standards.

On April 21, 2022, Cal-OSHA issued its third revised emergency temporary standards (“ETS”), with notable points being:

• COVID-19 testing: As with the prior ETS, employers are required to make COVID-19 testing available at no cost and during paid time to all employees who had close contact, but employers are not required to make COVID-19 testing available to returned cases.

• Training and instruction: Employers are required to provide training on the employer’s policies for providing respirators to all employees regardless of vaccination status. Relatedly, employers must provide training on the conditions when face coverings must be worn in the workplace, with no obligation to provide training on the use of face masks outdoors.

• Face coverings: Employers are no longer required to independently provide face coverings or ensure they are worn by unvaccinated employees, but employers must continue to follow face covering orders issued by the California Department of Public Health (“CDPH”). Further, face coverings should be available to all employees who request them from their employer.

• Cleaning and disinfection: Cleaning and disinfecting procedures are no longer required, meaning employers do not need to continue implementing procedures to identify and regularly clean frequently touched surfaces or other objects. Partitions are also not required for employees who are required to socially distanced per CDPH but cannot.

• COVID-19 testing: Employers are required to make COVID-19 testing available to all symptomatic employees regardless of vaccination status at no cost to the employee during the employee’s paid time.

• Exclusion of COVID-19 cases: Employers must review the current CDPH guidance related to quarantining of persons with a close contact and implement procedures to prevent transmission of COVID-19 by close contacts. Employers are still required to provide exclusion leave benefits to employees during time that they are not permitted to be in the workplace.

• Return to work criteria: The third revised ETS provide updated return to work criteria which will apply to COVID-19 cases and employees excluded under multiple COVID infections and outbreaks and major outbreaks. The criteria are similar but include some notable revisions.

  • No symptoms or improvement: An employee, regardless of vaccination status or previous infection, that develops no symptoms or symptoms are improving, may return to work when: (1) at least five days have passed from the date when COVID-19 symptoms began or the date of the first positive test if there are no symptoms; (2) at least 24 hours have passed since a fever of at least 100.4 degrees Fahrenheit broke without a fever reducing medication; and (3) the employee tested negative (home test acceptable) on day five or later, or if the employer chooses not to require a test, 10 days have passed since the symptoms began or the employee tested positive.

  • Symptoms with no improvement: An employee, regardless of vaccination status or previous infection, whose symptoms are not resolving, may return to work when: (1) at least 24 hours have passed since a fever of at least 100.4 degrees Fahrenheit broke without a fever reducing medication; and (2) symptoms are resolving, or 10 days have passed since symptoms started.

• In addition, an employee regardless of vaccination status or previous infection will be required to wear a face covering until 10 days have passed since the symptoms began or the employee tested positive.

Please contact us if you have any questions.