CAL/OSHA Emergency Standards for COVID-19

On November 30, 2020, California approved new emergency standards on COVID-19 infection protection.  These standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Disease (ATD) Standard. Requirements for covered employers include:

• Identifying and evaluating employee exposures to COVID -19 health hazards
• Implementing effective policies and procedures to correct unsafe and unhealthy conditions
• Providing and ensuring workers wear face coverings to prevent exposure in the workplace

Employers must also provide training and instructions to employees about how COVID-19 is spread, infection prevention, as well as information regarding COVID-19-related benefits that affected employees may be entitled to under applicable federal, state, or local laws.

The following are requirements for testing and notifying public health departments when there are:

• Workplace outbreaks (three or more cases in a workplace in a 14-day period)
• Major outbreaks (20 or more cases with a 30-day period)

Employers are required to offer COVID-19 testing to workers who have had a potential COVID-19 exposure in the workplace, at no cost to the employees.  This testing is to be done during work hours.

Employers must also notify the local health department immediately, no later than 48 hours after learning of three or more COVID-19 cases, to obtain guidance on preventing the further spread of COVID-19 within their workplace.

Recordkeeping and Reporting:  Employers must maintain a record of and track all COVID-19 cases, while ensuring medical information remains confidential.

When a COVID-19 related serious illness results in hospitalization, or death occurs, the employer must report this information immediately to the nearest Cal/OSHA enforcement district office.

IMA will continue to monitor regulator guidance and offer meaningful, practical, timely information.

This material should not be considered as a substitute for legal, tax and/or actuarial advice. Contact the appropriate professional counsel for such matters. These materials are not exhaustive and are subject to possible changes in applicable laws, rules, and regulations and their interpretations.