Cal/OSHA Adopts New COVID-19 Regulations
On November 30, 2020, upon approval by the Office of Administrative Law (OAL), Cal/OSHA adopted new temporary emergency regulations related to COVID-19 that will affect most employers in the state of California. Emergency regulations typically remain in effect for 180 days unless OAL approves a readoption of the emergency regulation during that time period. These new regulations come at a time where we are seeing increased cases in all sectors of our society, so its imperative that employers take notice.
The temporary emergency standard requires employers to create a COVID-19 prevention program, investigate, track and respond to COVID-19 cases in the workplace and provide free testing to workers in cases of outbreaks, among many other requirements. Also, to implement these new policies and procedures into the company’s Injury and Illness Prevention Program (IIPP).
Current state workplace safety regulations require most employers to maintain an IIPP and keep workers safe from hazards – but they do not specifically mention COVID-19. This new regulation adds the COIVD requirements to a company’s IIPP and to their day-to-day safe work practices.
That also means, more importantly, employers can now be subject to fines and penalties because of non-compliance.
Under the new rules, employers would be required to:
- Identify and correct COVID-19 hazards
- Ensure all employees are separated from others by at least 6 feet, except where not possible
- Provide face coverings and ensure employees wear them
- Install partitions to reduce aerosol transmission where distancing is not possible
- Investigate and respond to workplace COVID-19 cases
- Report information about cases to the local health department whenever required by law
- Describe return to work procedures after outbreak or illness
- Ensure workers who become infected do not come to work until certain criteria are met
- Provide no-cost COVID-19 testing to all employees who may have been exposed, in case of outbreak. In a major outbreak, provide testing every two weeks until there are no new cases for a 14-day period
- Provide training and instruction to employees on COVID-19 policies and procedures and information regarding COVID-19-related benefits to which the employee may be entitled
- In employer-provided housing, ensure beds are spaced at least 6 feet apart in all directions
- In employer-provided transportation, ensure vehicle operator and passengers are separated by 3 feet in all directions
It is critical that employers understand and implement these new regulations as soon as possible to mitigate potential exposure. Existing policies and procedures should be reevaluated to confirm that they comply with the detailed requirements. The failure to do so on the part of the employer may expose the employer to a potential serious and willful claim, and citations from Cal/OSHA.
We have provided link to the new IIPP section that will need to be customized for your workplace. We are reviewing the need to offer a webinar on this new requirement, but in the meantime, please contact Infinium HR if you need assistance.