COVID-19 Employers’ Requirements Update
June 18, 2021
Yesterday, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order to allow those revisions to take immediate effect. Some of these changes are summarized below.
- No face coverings are required outdoors (except during outbreaks) regardless of vaccination status.
- Employers may allow employees to self-attest to their vaccination status, or may require proof, but must document employee vaccination status to qualify any employees as “fully vaccinated”.
- Employers may allow fully vaccinated employees to not wear face coverings indoors (except in some situations, and during outbreaks).
- Fully vaccinated employees do not need to be offered testing or excluded from work after close contact unless they have COVID-19 symptoms.
- Employers must offer testing to employees who are not fully vaccinated and exhibit COVID-19 symptoms.
- Employers must provide employees who are not fully vaccinated with approved respirators (including N95 masks) for voluntary use upon request.
- The State of California is providing a one-month supply of N95 respirators to businesses for unvaccinated employees to adjust; that link is included below.
- Physical distancing and barrier requirements have been removed regardless of vaccination status (with outbreak exceptions).
- Employers must evaluate ventilation systems to maximize outdoor air and increase filtration efficiency, and evaluate the use of additional air cleaning systems.
Employers must still:
- have an effective written COVID-19 Prevention Plan;
- provide effective training and instruction to employees regarding that plan and the employee’s rights under the ETS;
- provide notification to the public health department of outbreaks;
- provide notification to employees of exposure and close contacts; and
- offer testing to employees after potential exposures.
This is a summary of some of the most relevant adopted changes but is not all-inclusive. Please see the resources below for more information.