©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 363 14.17 Protection From Covid-19 14.17.1 Cal/OSHA Non-Emergency Covid-19 Standard The California Office of Administrative Law (OAL) has approved Cal/OSHA’s long-proposed two-year nonemergency (A.K.A. “permanent”) Covid-19 standard. The new standard took effect on February 3, 2023 and replaced the Cal/OSHA Covid-19 Emergency Temporary Standard (ETS) which had been in effect since November of 2020. Some key changes to the new standard include: Updated definitions for the terms “close contact,” “exposed group,” “infectious period,” and “returned case.” Absense of exclusion pay. That said, Cal/OSHA is apparently intent on including it in a likely upcoming general infectious diseases standard. Updates to reporting and recordkeeping requirements. New, relaxed standards for when “outbreak” mitigation measures are required. Narrowing of situations when employers are required to offer no-cost Covid-19 testing. Permitting employers to incorporate their Covid-19 protocols into their IIPP rather than having a separate Covid-19 Prevention Program. Enabling employer discretion as to policies addressing employee close-contact scenarios. Requiring employers to report “major outbreaks” to Cal/OSHA. But many requirements from the ETS remain in place under the new standard. These include, among others: Communicate to employees about the employer’s Covid-19 prevention procedures. Identify, evaluate, and correct Covid-19 hazards. Require and provide face coverings in certain circumstances. Provide respirators upon request for voluntary use. Use engineering controls, administrative controls and personal protective equipment under certain circumstances. Follow procedures to investigate and respond to Covid-19 cases in the workplace (i.e., contact tracing and employee notification requirements). Provide Covid-19 training to employees. Make testing available at no cost to employees when they have had a workplace close contact and during outbreaks or major outbreaks. Report serious illnesses (cases resulting in death or hospitalization) to Cal/OSHA and to the local health department when required.
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