Non-Emergency COVID19 Prevention Regulations explained

The California Emergency Temporary Response (ETS) implemented by Cal/OSHA in November 2020 is set to come to an end this month. Cal/OSHA has approved a more long-term solution, the Non-Emergency COVID-19 Prevention Regulations, which is set to begin at the sunset of the ETS. What do you need to know as an employer about the changes? 

Definitions 

A win for those tracking COVID-19 cases in the workplace. Cal/OSHA has aligned their definitions of a COVID-19 case, a close contact, and a returned case with the California Department of Public Health (CDPH). This should alleviate some confusion about which guidance to follow. Important to note, the CDPH is known to make changes quickly and communicate later. Be sure to sign up for alerts so you are always up to date. 

Goodbye exclusion pay

The requirement to continue pay for employees excluded from the workplace due to a COVID-19 qualifying reason has been eliminated. Employers should be cautious as there may be other compensation available to your employees. This includes supplemental policies through your county or city, workers’ compensation, or California paid sick leave. Reach out to your consulting team for guidance on paying your employees. 

Notice requirement changes

Employers are now able to provide one general notice to employees at the worksite after a case has been identified. This is a change from individual notices having to be provided. Employers must post this general notice in an area that is frequented by employees and must be accessible starting one day after identifying the case and then for at least 15 days. 

Ventilation

A new addition requires you to review the CDPH and Cal/OSHA guidance on proper ventilation and “develop, implement, and maintain” an effective process to prevent the transmission of COVID-19 in the workplace. A helpful resource document can be found here. 

Reporting

Cal/OSHA no longer requires employers to report outbreaks (three or more cases in a workplace in any 14-day period) of COVID-19 to the health department. However, the health department may still require this, so ensure you are up to date on local guidance. Another change requires you to report major outbreaks (20 or more cases in an exposed workgroup in any 30-day period) to Cal/OSHA directly. 

In summary

This is a highlight of the changes you can expect under the new COVID-19 Prevention Regulations. Other changes include training requirements, updates to employer-provided housing requirements, and recordkeeping changes. Reach out to our consulting team for more in-depth information and to ensure you are ready for the new regulations. 

Beginning of the year reminders

It is the beginning of the year which means it is time to check these items off of your list to ensure you are up to date: 

• California minimum wage increase to $15.50 for employers of all sizes 

• IRS mileage rate has increased to 65.5 cents 

• Your OSHA 300-A log should be posted by February 1 through April 30

• California COVID-19 paid sick leave has officially expired as of 12/31/22

Reach out to the consulting team for help implementing these items.