The California Division of Occupational Safety and Health (Cal/OSHA) has clarified that the State Public Health Officer Order dated January 9, 2024 remains in place and continues to impact Cal/OSHA’s COVID-19 Prevention Non-Emergency Standards in particular with respect to isolation of COVID-19 cases.
The clarification was made at the time the California Department of Public Health (CDPH) retired its COVID-19 Isolation and COVID-19 Testing Guidance effective May 22, 2024. Cal/OSHA says that the retirement of those guidelines by the CDPH doesn’t impact Cal/OSHA’s COVID-19 Prevention Non-Emergency Standards.
The details
As a result of the Jan. 9, 2024 order remaining in place:
“Infectious period” for the purpose of cases in the Cal/OSHA COVID-19 Prevention Non-Emergency Standards, is still defined as:
· For employees with COVID-19 with symptoms, it is a minimum of 24 hours from the day of symptom onset:
o Employees with COVID-19 may return if 24 hours have passed with no fever, without the use of fever-reducing medications; and
o Their symptoms are mild and improving.
· For employees with COVID-19 with no symptoms, there is no infectious period for the purpose of isolation or exclusion. If symptoms develop, the criteria above will apply.
Here are some other important provisions in the COVID-19 Prevention regulations that remain the same.
· Employers must address COVID-19 as a workplace hazard under the requirements for an Injury and Illness Prevention Program (IIPP), and include their COVID-19 procedures to prevent this health hazard in their written IIPP or in a separate document.
· Employers must take measures to prevent COVID-19 transmission and to identify and correct COVID-19 hazards in the workplace, including, but not limited to, remote work, physical distancing, reducing the density of people indoors, moving indoor tasks outdoors, implementing separate shifts and/or break times, and restricting access to the work area.
· Employers must continue to make COVID-19 testing available at no cost and during paid time to all employees with a close contact, except for asymptomatic employees who recently recovered from COVID-19.
· In workplace outbreaks or major outbreaks, the COVID-19 Prevention regulations still require testing of all close contacts in outbreaks, and everyone in the exposed group in major outbreaks. Employees who refuse to test and have symptoms must be excluded for at least 24 hours from symptom onset and can return to work only when they have been fever-free for at least 24 hours without the use of fever-reducing medications, and symptoms are mild and improving.
· Employers must exclude employees with COVID-19 from the workplace during the infectious period.
· Employees with COVID-19 who return to work must wear a face covering indoors for 10 days from the start of symptoms or if the person did not have COVID-19 symptoms, 10 days from the date of their first positive COVID-19 test. Employees have the right to wear face coverings at work and to request and receive respirators from the employer when working indoors and during outbreaks. Employers must provide face coverings and ensure they are worn by employees when required by the Cal/OSHA COVID-19 Prevention Standard or CDPH.
· Employers must report information about employee deaths, serious injuries, and serious occupational illnesses to Cal/OSHA, consistent with existing regulations.
· Employers must notify all employees, independent contractors, and employers with an employee who had close contact with a COVID-19 case.
· Employers must review CDPH and Cal/OSHA guidance regarding ventilation, including CDPH and Cal/OSHA Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments. Employers must also develop, implement and maintain effective methods to prevent COVID-19 transmission by improving ventilation.
Next steps
California employers should continue to ensure compliance with Cal/OSHA’s COVID-19 Prevention Non-Emergency Standards. The standards will remain in effect through early Feb. 2025, unless extended.