On December 15, 2022, the Cal/OSHA Standards Board held its final meeting of 2022 and adopted the COVID-19 Prevention Non-Emergency Regulations, which took effect on February 3, 2023. Even though Governor Gavin Newsom declared an end to the statewide State of Emergency for COVID-19 on February 28, 2023, these Cal/OSHA regulations will remain in effect through February 3, 2025: However, most recordkeeping requirements will remain in effect through February 3, 2026.

Changes to Cal/OSHA’s COVID-19 Emergency Temporary Standard

  • COVID-19 Written Program. The written policies and procedures can be a separate document or included in the Injury and Illness Prevention Program (IIPP). COVID-19 must be addressed as a workplace hazard and follow IIPP requirements such as communication, hazard identification, correction, investigation, training, and recordkeeping. Cal/OSHA has posted resources that include Fact Sheets and FAQs in English and Spanish, and a fill-in-the-blank COVID-19 Model Written Program at: https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ 
  • Modified Face Covering Requirements. Certain mask requirements have been removed from the permanent standard. For example, the definition of an “exposed group” still contains a “momentary pass-through” exception. Previously, this exception required that all individuals be masked to take advantage of this exception. Now, it has been broadened to include individuals who are not masked. As re-defined, the momentary pass-through exception applies to a place where persons momentarily pass through without congregating. Also, face coverings are to be provided and worn when required by a CDPH regulation or order.
  • Close Contact and Infectious Period Definitions. These definitions will be based upon the most recent California Department of Public Health (CDPH) State Public Health Officer Order.
  • Returned Case Definition. This timeframe is reduced to 30 days from the previous 90 days.
  • Changes in Requirements for Outbreaks. A COVID-19 outbreak is over when there are “one or fewer” new cases detected in the exposed group for 14 days. The documented investigation, review, and correction of hazards following an outbreak will be required initially and be conducted periodically thereafter. Employers will no longer be required to report outbreaks to the local health department under the permanent standard unless required by a local health order, though major outbreaks (20 or more cases within 30 days) must be reported to Cal/OSHA.
  • Ventilation Requirements. Guidance from CDPH and Cal/OSHA 5 must be reviewed, and one or more of the following implemented: maximize the supply of outside air, use the highest level of filtration compatible with the existing mechanical ventilation system, or use High-Efficiency Particulate Air (HEPA) filtration indoors where ventilation is inadequate to reduce the risk of COVID-19 transmission.
  • COVID-19 Notification Requirements. California Labor Code Section 6409.6 was amended. Within one business day of receiving a notice of potential exposure, employers can either provide written notice or post the required information for at least 15 days.

Continuation of Cal/OSHA’s COVID-19 Emergency Temporary Standard

  • Testing and Notice Requirements Remain. Under the new permanent standard, employers will still be required to provide testing and employee notices after exposure, except for returned cases. This is in line with recent legislation extending certain COVID-19 exposure requirements until 2024.
  • Recordkeeping Requirements. Employers will still be required to maintain records of workers’ infections.

Exclusion Pay

The new standards do not require employers to provide exclusion pay, though employers must still provide information on COVID-19-related benefits employees may be entitled to under federal, state, or local laws, their employer’s leave policies, or leave guaranteed by contract.

Additional Resources:

Please check our COVID-19 Resources Center for updates.

We are committed to working with you and thank you for your continued business. If you have specific questions, please contact your Underwriter, Service Team, or call our Customer Call Center at 602.631.2300.

    1. Cal/OSHA’s COVID-19 Prevention Non-Emergency effective once approved by the Office
      of Administrative Law (OAL) https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Non-Emergency-txtcourtesyfinal.pdf
    2. Cal/OSHA’s FAQs, Fact Sheets, and COVID-19 Model Written Program https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/
    3. CDPH Guidance for the Use of Face Masks effective March 3, 2023 Guidance for Face Coverings (ca.gov)
    4. CDPH and Cal/OSHA Interim Guidance for Ventilation, Filtration, and Air Quality in
      Indoor Environments Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments (ca.gov)
    5. AB-2693
      https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220AB2693&showamends=false
    6. SB-1159 https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200SB1159&showamends=false

      AB-1751 https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220AB1751&showamends=false

       

Sincerely,

woody-hill
Woody Hill
Vice President, Enterprise Loss Control

California policies are underwritten by Pacific Compensation Insurance Company and Alaska National Insurance Company.