Standards Board Unanimously Adopts Emergency Temporary Standards to Protect Workers from COVID-19

Please be aware that on November 19, 2020 The Cal/OSHA Standards Board unanimously passed an Emergency COVID regulation. Although it still needs to go through the Office of Administrative Law (OAL), it is likely to go into effect within the next ten days, and remain in effect for 180 days (six months).

The emergency regulation will put new rules on employers to protect workers from contracting coronavirus on the job. The new rule holds employers accountable for protecting workers from coronavirus.

The main elements of this Emergency Standard include:

• Employers will be required to have a written COVID Prevention Program, which can be incorporated into the IIPP or be stand-alone;
• Employers must identify, evaluate and correct COVID hazards, the first two with the participation of employees and their authorized representatives;
• Employers must investigate and “respond effectively” to COVID cases and notify employees who might have been exposed within one day. Employees who may have been exposed must be offered COVID testing at no cost;
• Employers must provide PPE to employees;
• Employers must report COVID cases in their workplaces to local health authorities;
• Physical distancing and mask-wearing are required unless it is not possible in the former. But the burden is on the employer to demonstrate it isn’t possible. There are also exceptions for masks;
• Return-to-work provisions are included for employee COVID cases;
• There are specific and more stringent requirements for multiple COVID infections and outbreaks in the workplace;
• The proposal also includes COVID prevention procedures in employer-provided housing, such as labor camps, and employer-provided transportation to and from work.

Click here to read full regulation.