Cal/osha update-covid-19 prevention emergency temporary standards

On December 16, the Occupational Safety and Health Standards Board readopted the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) with revisions. The emergency standards take effect on January 14, 2022, applying to most workers in California not covered by the Aerosol Transmissible Diseases standard. Below, please see the important requirements that have not changed and the revisions. There are definitions included for reference. 

Important Requirements That Remain Unchanged in the COVID-19 Emergency Temporary Standards

• Employers must establish, implement, and maintain an effective written COVID-19 Prevention Program that includes:

• Identifying and evaluating employee exposures to COVID-19 health hazards.

• Implement effective policies and procedures to correct unsafe and unhealthy conditions.

• Allow adequate time for hand washing and cleaning frequently touched surfaces and objects.

• Employers must provide effective training and instruction to employees on the following:

• How COVID-19 is spread.

• Infection prevention techniques.

• Information regarding COVID-19-related benefits that affected employees may be entitled to under applicable federal, state, or local laws.

Important Revisions to the COVID-19 Prevention Emergency Temporary Standards

• Face Coverings

• Exempt workers due to medical or mental health condition or disability who cannot wear a non-restrictive alternative must physically distance six-feet and either be fully vaccinated or tested at least weekly for COVID-19 and testing must be during paid time (no cost to employee).

• Testing and Exclusion

• Employers now required to make COVID-19 testing available at no costand during paid time to employees who were fully vaccinated before the “close contact” with a COVID-19 case, even if they are asymptomatic.

• During outbreaks and major outbreaks, employers must now make weekly testing (outbreaks) or twice-weekly testing (major outbreaks) available to asymptomatic fully vaccinated employees in the exposed group.

• Employees who have recently recovered from COVID-19 and those who are fully vaccinated are not required to be excluded from the workplace after “close contact” but must wear a face covering and maintain six-feet of physical distancing for 14 calendar days following last date of contact

Exclusion Requirements for Employees Who Test Positive for COVID-19 (Isolation)

These requirements apply to all employees, regardless of vaccination status, previous infection, or lack of symptoms.

• Employees who test positive for COVID-19 must be excluded from the workplace for at least 5 days.

• Isolation can end and employees may return to the workplace after day 5 if symptoms are not present or are resolving, and a diagnostic specimen* collected on day 5 or later tests negative.

• If an employee is unable or chooses not to testi and their symptoms are not present or are resolving, isolation can end and the employee may return to the workplace after day 10.

• If an employee has a fever,ii isolation must continue and the employee may not return to work until the fever resolves.iii

• If an employee’s symptoms other than fever are not resolving, they may not return to work until their symptoms are resolving or until after day 10 from the positive test.

• Employees must wear face coverings around others for a total of 10 days after the positive test, especially in indoor settings Please refer to face coverings for additional face covering requirements.

• Antigen test preferred.

Employees Who Are Exposed to Someone with COVID-19 (Quarantine)

These requirements apply to employees who are Unvaccinated; OR Vaccinated and booster eligible+ but have not yet received their booster dose. Please refer to CDC COVID-19 Booster Shots to determine who is booster eligible.

• Employees must be excluded from the workplace for at least 5 days after their last close contact with a person who has COVID-19.

• Exposed employees must test on day 5.

• Quarantine can end and exposed employees may return to the workplace after day 5 if symptoms are not present and a diagnostic specimen* collected on day 5 or later tests negative.

• If an employee is unable or chooses not to test and does not have symptoms, quarantine can end, and the employee may return to the workplace after day 10.

•  Employees must wear face coverings around others for a total of 10 days after exposure, especially in indoor settings. Please refer to the section in this FAQ on face coverings for additional face covering requirements.

• If an exposed employee tests positive for COVID-19, they must follow the isolation requirements above in Table 1.

• If an exposed employee develops symptoms, they must be excluded pending the results of a test.

Employers are not required to exclude asymptomatic employees in this category if:

• A negative diagnostic test* is obtained within 3–5 days after last exposure to a case;

• Employee wears a face covering around others for a total of 10 days (please refer to face coverings for additional face covering requirements); and

• Employee continues to have no symptoms.

Employees Who Are Exposed to Someone with COVID-19 (No Quarantine Required)

These requirements apply to employees who are: Boosted; OR Vaccinated, but not yet booster eligible.×

• Refer to CDC COVID-19 Booster Shots to determine who is booster eligible.

Employees do not need to quarantine if they:

• Test on day 5 with a negative result.

• Wear face coverings around others for 10 days after exposure, especially indoor settings. 

• Please refer to the section in this FAQ on face coverings for additional face covering requirements. 

Important Notes:

• If employees test positive, they must follow isolation recommendations above.

• If employees develop symptoms, they must be excluded pending the results of a test.

Helpful Definitions 

• “Worksite” now specifically excludes the employee’s personal residence, locations where an employee works alone, and remote work locations chosen by the employee.

• “COVID-19 test” now includes specific instructions for workers using a test at home and with self-read results, in other words, the employer or telehealth professional must observe the test results.

• “Face Coverings” includes more specific detail on different types of acceptable face coverings:

• Surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers. A face covering has no visible holes or openings and must cover the nose and mouth. 

• A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.

• “Fully vaccinated” now mentions the minimum amount of time workers need to wait between the first and second shot of two-dose vaccine

• Employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine. Vaccines must be FDA approved; have an emergency use authorization from the FDA; or, for persons fully vaccinated outside the United States, be listed for emergency use by the World Health Organization (WHO).

• “Close contact” means being within six-feet of a COVID-19 positive for a cumulative total of 15 minutes or greater in any 24-hour period, within or overlapping with the “high-risk exposure period.” This definition applies with or without a face-covering.

• EXCEPTION—Employees have not had a “close contact” if they wore a respirator required by the employer and used in compliance with Title 8, Section 5144 when “close contact” has taken place per the definition.

• “Outbreak” applies to a workplace where three or more employee COVID-19 cases are within the exposed group visited the workplace during their high-risk exposure period any time during a 14-day period. An “outbreak” continues until there are no new COVID-19 cases detected in the exposed group for a 14-day period.

• “Major outbreak” applies to a workplace where 20 or more employee COVID-19 cases are within the exposed group visited the workplace during their high-risk exposure period any time during a 30-day period. A “major outbreak” continues until there are fewer than three COVID-19 cases detected in the exposed group for a 14-day period.