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Economic Development Collaborative (EDC) — Revised COVID-19 Prevention Emergency Temporary Standards

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REVISED COVID-19 PREVENTION EMERGENCY TEMPORARY STANDARDS
On January 7, 2022, the California Occupational Safety and Health Standards Board adopted revisions to the COVID-19 Prevention Emergency Temporary Standards to include the latest recommendations from the California Department of Public Health (CDPH).
The following revisions will take effect on January 14, 2022:
  • NEW: CDPH Isolation and Quarantine Guidelines: New isolation and quarantine guidelines will replace the exclusion periods and return to work criteria previously outlined in ETS. Read the full requirements of the following situations:
  • Exclusion Requirements for Employees Who Test Positive for COVID-19 (Isolation) CLICK HERE
  • Employees Who Are Exposed to Someone with COVID-19 (Quarantine) CLICK HERE
  • Employees Who Are Exposed to Someone with COVID-19 (No Quarantine Required) CLICK HERE
  • Investigating and responding to COVID-19 cases in the workplace: Employers must continue to properly notify employees, employee representatives and any other workers at a worksite of possible COVID-19 exposures within one business day. This section was updated to give employers more clear instructions on how to notify workers who were at the same worksite as the COVID-19 case during the high-risk exposure period.
  • Face Coverings: “Face coverings” was clarified to require fabrics that do not allow light pass through when held up to a light source. Masks must fit snuggly over the nose, mouth, and chin with no large gaps on the outside of the face. Additionally, face coverings with a clear plastic panel may be used to facilitate communication with people who are deaf or hard of hearing or need to see a speaker’s mouth or facial expressions to understand speech or sign language.
  • Testing and Exclusion: The following revisions make the ETS consistent with current CDPH recommendations:
  • Employers are now required to make COVID-19 testing available at no cost and during paid time to employees who were fully vaccinated before the “close contact” with a COVID-19 case occurred, 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 the last date of contact.
  • Return to Work Criteria: The period of time before an employee can return to work after close contact or COVID-19 infection has been revised to be consistent with current CDPH guidelines. These time frames will automatically update if CDPH updates their guidelines pursuant to the Governor’s executive order (N-84-20).
CLICK HERE for a guide on the recent changes. To read the press release CLICK HERE. To review the updated fact-sheet CLICK HERE.
Important requirements remain unchanged in the COVID-19 Prevention Emergency Temporary Standards. Employers must continue to maintain an effective COVID-19 Prevention Program that includes identifying and evaluating employee exposures to COVID-19 health hazards, training employees on how to prevent hazards and implementing procedures to correct unsafe conditions. Employers should still allow adequate time for handwashing and cleaning frequently touched surfaces and objects.
Recommended Actions for Employers
Employers should adopt the following steps to ensure compliance with the upcoming changes:
  • Review the changes to the ETS carefully.
  • Revise your Written COVID-19 Prevention Program (WCPP) and other related documents.
This document is intended to be used as a starting point to help business owners understand the new Occupational Safety and Health Standards Board 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.
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