On February 3, 2023, Cal/OSHA’s COVID-19 Non-Emergency Standards was approved and became effective. The Non-Emergency Standards will remain in effect until February 3, 2025, and can be found at https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Non-Emergency-apprvdtxt-oal.pdf.
The Non-Emergency Standards relax several previously mandatory requirements and have modified some important definitions.
The following are changes employers need to be aware of and implement.
Exclusion Pay: Exclusion pay has been eliminated so employers are no longer required to pay the wages of close contacts of Covid cases exposed while in the workplace. Employers need to review their COVID-19 Prevention Plans and policies and remove references to exclusion pay since it is no longer required.
Notice Requirements: Employers must continue to provide notice of possible exposure to close contacts and those present in the worksite during the infectious period of a Covid case. Employers may now post the notice in all places where notices to employees concerning workplace rules or regulations are customarily posted. Notices no longer have to be individually delivered to affected employees.
As a reminder, Supplemental Paid Sick Leave ("SPSL") expired on December 31, 2022.
Employee Screening: Employers are no longer required to screen employees for COVID-19 symptoms but must continue to (1) effectively identify and respond to persons with COVID-19 symptoms at the workplace; (2) encourage employees to report COVID-19 symptoms and to stay home when sick.
Employer-Provided Testing: Employers must still make testing available to employees who had a close contact in the workplace and as required under outbreak protocols, but employers are no longer required to make testing available to any employee experiencing COVID-19 symptoms.
Outbreak Protocols: Several changes have been made to outbreak protocols including:
Covid Prevention Plan: Employers may incorporate their Covid Prevention Plan in their written Injury and Illness Prevention Program ("IIPP"), if required to have one, or may keep it in a separate document. Importantly, employers must continue to operate using the Covid Prevention Plan. CalOSHA has provided a Model Prevention Program updated for the changes made in the Non-Emergency Standards. The Model Program can be downloaded with this link: https://www.dir.ca.gov/dosh/dosh_publications/CPP.doc.
Changes to Definitions: The significant definition changes include:
"Close Contact" – Two new definitions of closed contact were adopted that distinguish between workplace size:
"Exposed Group" clarifies that spaces individuals momentarily pass through without congregating, regardless of whether they are wearing a face covering, are not considered for the purpose of determining if a group has been exposed.
"Infectious Period"
CalOSHA has updated its Frequently Asked Questions and created Fact Sheets in both English and Spanish. These documents are available at https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations.
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