Cal-OSHA COVID-19 Prevention Emergency Temporary Standards

Effective January 14, 2022, the Occupational and Health Standards Board issued revised regulations implementing Cal-OSHA’s COVID-19 Prevention Emergency Temporary Standards. The rules apply to all employees in all places of employment except worksites with one employee who has contact with no other persons, employees teleworking from a non-employer site and employees covered by the state’s Aerosol Transmissible Diseases Standard.

Employers must establish, implement and communicate a written COVID-19 Prevention Program. The policy may be integrated with the employer’s Injury and Illness Prevention Program (existing Cal-OSHA requirement). Required elements of the program include a procedure for employees to report COVID-19 symptoms and workplace hazards (without fear of retaliation); procedure for employees with medical conditions to request accommodations; provide information on COVID-19 testing access; process for screening employees for COVID-19 symptoms (which may include employees self-screening at home); evaluation of how to maximize ventilation with outdoor air, air filtration, air cleaning systems; process for correcting hazards and procedures for investigating COVID-19 cases in the workplace.

Within one business day of the date the employer knew or should have known of a COVID-19 case, the employer must provide written notice to all employees and contractors who were present at the same worksite within the high-risk period. The notice should not identify the case by name. The employer must make COVID-19 testing available during paid time at no cost to employees who had close contact. Close contact is defined as being within six feet of a COVID-19 case for 15 minutes or more in a 24-hour period. Tests must be approved for use by the FDA and include home kits if the test is not both self-administered and self-read by the employee.

Employers must also provide COVID-19 testing available to symptomatic employees who are not fully vaccinated. The cost of the test must be paid by the employer and the employee must be paid for the time spent taking the test.

If employees are not fully vaccinated, the employer must provide face coverings and the employees must wear them when indoors. Face covering for this purpose is defined as a surgical mask, medical procedures mask, a respirator (worn voluntarily) or a fabric mask of at least two layers. The mask requirement does not apply to an employee who is alone in a room or vehicle; while eating or drinking; or those who cannot wear a face covering due to a medical or mental condition (including hearing impairment). Those not wearing a face covering must be at least six feet from other persons unless they are fully vaccinated or test negative weekly.

Affected employers should work with outside counsel to establish and implement policies and procedures in compliance with the requirements.

Cal-OSHA COVID-19 Prevention Emergency Temporary Standards »