Throughout the past
few months, COVID-19 cases have continued to rise causing several areas of
concern for employers across the nation. On November 18, 2020, the California
Division of Occupational Safety and Health (“Cal OSHA”) proposed emergency
regulations containing new workplace protocols that provide employers with more
comprehensive guidelines to adequately enforce or modify existing safety rules regarding
COVID-19. These regulations can be found at California Code of Regulations
(CCR), Sections 3205, 3205.1, 3205.2, 3205.3 and 3205.4.
While the
implementation of these rules has given employers little time to come into
compliance with the new requirements, the Cal OSHA has maintained that many of
the requirements are not entirely new and are similar to the guidance issued on
measures to address COVID-19 hazards in connection with employers’ Injury
Illness and Prevention Program. The main requirements of the rules are that
employers must implement an effective COVID-19 prevention program. Some of the
new requirements include an employer’s obligation to provide COVID-19 testing,
face covers and personal protective equipment to its employees at no cost to
them.
The COVID-19
Prevention Program Guidelines applies to all employees and places of employment
except (1) places of employment with one employee who does not have contact
with other persons; (2) employees working from home; or (3) employees when
covered by CCR Title 8, section 5199 pertaining to certain healthcare
facilities, services, or operations.
Cal OSHA has
released a Frequently Asked Questions Page that details their expectations for
how employers can comply with the new rules. The most significant areas in the FAQ’s are
Cal OSHA’s guidance on new requirements for testing, notifications, and
employee training.
For example, Cal
OSHA specifically states that employers should “offer testing to potentially
exposed employees at no cost and during working hours”, as well as inform employees
of testing resources. Further, employers must “provide periodic” COVID-19
testing for employees in an “exposed workplace” during an outbreak or major
outbreak.
