CalOSHA Reissues New Workplace Covid Rules

Cal/OSHA has approved new rules for COVID safety in the workplace. Governor Newsom signed an executive order providing that the new rules will take effect immediately.

Vaccinated employees no longer need to wear masks in the workplace, except in the following settings: public transit, K-12 educational facilities, health care and long-term care settings, correctional and detention facilities, and shelters (homeless or emergency shelters and cooling centers).

Employees who are unvaccinated must continue to wear face coverings indoors or in vehicles with others. Employees who do not disclose their vaccination status must be treated as unvaccinated.

Employees can demonstrate vaccination status by providing documentation, such as a vaccine card, OR by “self-attesting” without providing documentation. Employers should remind employees not to provide any personal medical information beyond their vaccination status. If you require a self-attestation form please let us know and we will provide you with one.

Employers must provide N95 respirators to unvaccinated employees upon request.

Physical (or social) distancing is no longer required unless there is an outbreak.

Vaccinated employees no longer need to be quarantined after close contact with an individual who tests positive for COVID.

Take note that many of the rules from the original, November 2020 ETS remain in effect, including: (1) maintaining a written COVID-19 Prevention Program (CPP); (2) providing notification to employees of exposures and close contacts; and (3) pay requirements for employees excluded from the workplace due to COVID.

If you have questions about compliance with the updated rules, please do not hesitate to contact us. In particular, we recommend updating your CPPs to comply with the new rules. Please reach out to us if you need assistance.

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