California Occupational Safety and Health Administration Implements Urgent COVID-19 Workplace Safety Regulations
California has approved new emergency regulations for COVID-19 prevention in the workplace, effective from November 30, 2020. These regulations, proposed by the Division of Occupational Safety and Health ("Cal/OSHA"), apply to nearly all California employers.
The new regulations impose more rigorous record-keeping requirements, requiring employers to maintain a record of and track all COVID-19 cases in the workplace. Employers are also required to report this information to the local health department whenever required by law.
In addition, employers must implement a written "COVID-19 Prevention Program." This program should outline measures to minimize the spread of COVID-19, including cleaning and disinfection protocols, which employers must inform employees and their authorized representatives about.
Employers are also required to notify employees and third parties of potential COVID-19 exposure. If an employee is excluded from work due to COVID-19, the employer must continue the employee's pay, benefits, and seniority, and provide job protection.
During a workplace outbreak, employers are required to provide free COVID-19 testing to all employees who may have been exposed during the period of the outbreak. Employers must test employees immediately and then again one week later. In the case of a major outbreak, employers must provide testing twice a week (or more frequently if recommended by the local health department) to all exposed employees until no new cases are detected for a 14-day period.
The Cal/OSHA regulations supplement AB 685, a California law that imposes requirements regarding written notice to employees of potential COVID-19 exposure in the workplace. The regulations also provide for paid sick leave for certain employees affected by COVID-19.
Notably, the regulations apply to independent contractors as well as employees and require notice within one business day. Employers must continue testing employees at least once a week (or more frequently if recommended by the local health department) until the workplace no longer qualifies as an outbreak.
Similar COVID-19 emergency workplace safety and health regulations have been issued by several other states, including New York, Massachusetts, Oregon, and Michigan.
Under these new regulations, employers are required to report the total number of cases as well as the hospitalization or fatality status. Excluded workers may not resume work until they satisfy certain return-to-work criteria. The new Cal/OSHA requirement does not cap the amount of paid sick leave available, so employers could potentially be required to provide more paid leave than currently required under other paid sick leave laws or offered under their policies.
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