The California Department of Industrial Relations adopted emergency temporary standards to protect workers from hazards related to COVID-19. Pending approval by the Office of Administrative Law, the temporary standards will be in effect immediately. The emergency standards will undergo a lengthy review process before becoming permanent California Division of Occupational Safety and Health (Cal/OSHA) standards.
The temporary standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard. Under the new regulations, employers must have a written COVID-19 Prevention Plan that addresses the following:
- System for communicating information to employees about COVID-19 prevention procedures, testing, symptoms and illnesses, including a system for employees to report exposures without fear of retaliation
- Identification and evaluation of hazards — screening employees for symptoms and identifying workplace conditions and practices that could result in potential exposure
- Investigating and responding to cases in the workplace — responding immediately to potential exposures by following steps to determine who may have been exposed, providing notice within one business day about potential exposures, and offering testing to workers who may have been exposed
- Correcting COVID-19 hazards — including correcting unsafe conditions and work practices as well as providing effective training and instruction
- Physical distancing — implementing procedures to ensure workers stay at least 6 feet apart from other people if possible
- Face coverings — providing face coverings and ensuring they are worn
- Adopting site-specific strategies such as changes to the workplace and work schedules and providing personal protective equipment to reduce exposure to the virus
- Positive COVID-19 case and illness recording requirements and making the COVID-19 Prevention Plan accessible to employees and employee representatives
- Removal of COVID-19 exposed workers and COVID-19 positive workers from the workplace with measures to protect pay and benefits
- Criteria for employees to return to work after recovering from COVID-19
- Requirements for testing and notifying public health departments of workplace outbreaks (three or more cases in a workplace in a 14-day period) and major outbreaks (20 or more cases within a 30-day period)
- Specific requirements for infection prevention in employer-provided housing and transportation to and from work
Once approved and published, the full text of the adopted emergency standards will appear in the new Title 8 sections 3205 (COVID-19 Prevention), 3205.1 (Multiple COVID-19 Infections and COVID-19 Outbreaks), 3205.2 (Major COVID-19 Outbreaks), 3205.3 (COVID-19 Prevention in Employer-Provided Housing) and 3205.4 (COVID-19 Prevention in Employer-Provided Transportation to and from Work) of the California Code of Regulations. Pursuant to the state’s emergency rule-making process, after an initial effective period, the board will have two opportunities to readopt the temporary standards.
Cal/OSHA will expeditiously convene a stakeholder meeting that will include industry and labor representatives to review the requirements of the emergency regulation and solicit feedback and recommend updates.