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Economic Development Collaborative (EDC) — EDC Legal Alert — CAL/OSHA COVID-19 Requirements for Employers

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NEW CAL/OSHA COVID-19 REQUIREMENTS FOR EMPLOYERS
EFFECTIVE IMMEDIATELY
On November 20, the California Department of Industrial Relations (DIR) Office of Administrative Law approved new Cal/OSHA emergency temporary standards (ETS) for COVID-19, effective November 30. Many of the ETS are already required by existing employer workplace injury and illness prevention programs (IIPP-see Injury and Illness Prevention Program), or will be required under AB 685 (the new COVID-19 employee safety and reporting law effective January 1, 2021), but some requirements are new and must be complied with immediately.
All California employers, regardless of size, must comply with the new ETS, with the following exceptions:
  • Workplaces where there is only one employee who does not have contact with other people;
  • Employees who are working from home; and
  • Employees who are covered by the Aerosol Transmissible Diseases regulation.
Under the ETS, employers must develop a written COVID-19 Prevention Program or ensure its elements are included in an existing IIPP, and implement the following in their written program:
  • Communication to employees about the employer’s COVID-19 prevention procedures
  • Identify, evaluate, and correct COVID-19 hazards
  • Physical distancing of at least six feet unless it is not possible
  • Use of face coverings
  • Use engineering controls, administrative controls and personal protective equipment as required to reduce transmission risk
  • Procedures to investigate and respond to COVID-19 cases in the workplace
  • Provide COVID-19 training to employees
  • Provide testing to employees who are exposed to a COVID-19 case, and in the case of multiple infections or a major outbreak, implement regular workplace testing for employees in the exposed work areas
  • Exclusion of COVID-19 cases and exposed employees from the workplace until they are no longer an infection risk
  • Maintain records of COVID-19 cases and report serious illnesses and multiple cases to Cal/OSHA and the local health department, as required
Employers are also required continue providing pay and benefits to employees excluded from work due to COVID-19 under some circumstances.
RELATED RESOURCES
Cal/OSHA has a Model COVID-19 Prevention Program for employers to use.
For more information, see the DIR’s FAQ on the new ETS and the DIR’s COVID-19 Prevention Emergency Temporary Standards webpage HERE.
Recorded Webinars: California Employers’ 9-Step Compliance Blueprint For New Cal/OSHA COVID-19 Safety Standard
EDC Partners Nicole Kamm and Hannah Sweiss, attorneys from Fisher Phillips LLP, recently conducted a two part webinar regarding these immediate changes. To access the video recordings, follow the links below. Part 1 will require the password listed below.
Fisher Phillips Webinar PART 1: CLICK HERE
Password: mzdK&5s$
Fisher Phillips Webinar PART 2: CLICK HERE
QUESTIONS?
Meet with EDC SBDC Advisor Erica Bristol
EDC SBDC Advisor Erica Bristol is an attorney and commercial mediator, specializing in intellectual property and business contracts/transactions. A graduate of UCLA School of Law, Erica served as corporate in-house counsel for over 11 years.
To schedule your no-cost business consulting appointment with Erica call the EDC Small Business Development Center at 805.409.9159.
This document is intended to be used as a starting point to help business owners understand the new Cal/OSHA COVID-19 requirements. It is not comprehensive. While everything this article is intended to be accurate it is not intended legal advice and should not be relied on as such. To obtain legal advice please contact a licensed California attorney.