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Since COVID-19 started in 2020, California’s laws and regulations have undergone some serious changes, especially regarding how people operate in the workplace. For example, many schools and businesses require masks or temperature scans before allowing employees and students to start the day. Other places closed down altogether.
In the last 2 years, California has adapted and made changes to its COVID-19 procedures in order to ensure continued safety as the virus spread. s. Now, in 2022, Cal/OSHA has released an updated version of their emergency temporary standards (ETS).
In this article, we’ll discuss how OSHA and Cal/OSHA are different, as well as highlight some of Cal/OSHA’s updated policies to the ETS.
OSHA
Before the 1970s, there was a serious problem in the American workforce: a neglect of safety. At the time, roughly 38 employee deaths, and tens of thousands of injuries occurred every day. In fact, one in ten employees were either severely injured or infected by disease while on the job. For employers at the time, replacing dead or injured employees was usually less costly than providing protective equipment or training.
It wasn’t until 1971 that Richard Nixon passed a bill to organize the U.S. Occupational Health and Safety Administration (OSHA). Since then, The U.S. alone has seen a dramatic decrease in workplace accidents, going from 38 employee deaths a day, to 15. OSHA’s primary purposes are to:
- Create safety laws
- Perform inspections and enforce safety
- Protect employees and their right to a safe work environment
OSHA saw a need for safety procedures and began writing laws and regulations to help companies create safe work procedures. Now, OSHA enforces these laws through company inspections. If an employee feels they are working in an unsafe environment, they can request an OSHA agent to inspect their worksite and ensure the company corrects the hazard.
CAL/OSHA
In California, the Division of Occupational Safety and Health (DOSH) is more commonly referred to as Cal/OSHA. It serves the same purpose as OSHA, but includes additional laws that are specific to the needs of California, which is why it is referred to as Cal/OSHA.
Cal/OSHA became needed when workplace accidents in California were growing at an alarming rate compared to the rest of the country. California’s unique climate, dense population, and specific hazards led to the creation of California-specific laws. This eventually led to the formation of Cal/OSHA in 1973, three years after OSHA was organized.
Cal/OSHA is known for its unique programs such as the Injury and Illness Prevention Program (IIPP) or the Heat Illness Prevention Programs. They’re also heavily in charge of establishing safe working procedures in regards to COVID-19.
COVID-19’s Effect on California, and Cal/OSHA’s Standards to Prevent the Spread
California is a densely populated state and a popular tourist destination, causing the COVID-19 pandemic to have a particular impact on the state, which has continued years after the virus began. To protect the safety of employees and consumers alike, California implemented a list of emergency temporary standards (ETS) in an effort to limit the spread of the virus. In this section, we’ll discuss some laws and regulations implemented by Cal/OSHA pertaining to the pandemic.
Main Requirements of the ETS
The ultimate purpose of the emergency temporary standards (ETS), was to reduce the risk of injury or illness in the workplace. It is recommended by the State of California to follow the guidelines set by the Center for Disease Control (CDC) as well as any other precautions deemed necessary by individual companies. In general, it is required that businesses:
- Advise employees to wear face coverings, regardless of vaccination status
- This rule, however, is purely advisory. Retaliation against an employee for breaking this rule is illegal.
- Investigate and respond to COVID-19 cases
- Maintain records of COVID-19 cases
- Provide training to all employees regarding COVID-19 in the workplace.
Vaccinations
Vaccinations are not a requirement in the state of California, although they’re highly recommended to any able person. In the workplace, employers can require their employees to be vaccinated. This is allowed under the condition that employers do not harass or discriminate against employees who avoid the vaccine for valid reasons such as religious beliefs or medical disabilities.
Employers are urged to document vaccinated and unvaccinated employees. If the employer chooses not to do so, then each employee should be treated as unvaccinated. This means each employee is then required to wear a mask, social distance, pass a temperature scan before coming to work, and more.
Face Coverings
In most places, face coverings are no longer required by law in the state of California for unvaccinated persons. Although, face coverings are still advised in most workplaces. They are especially recommended when contact with consumers is involved such as in food preparation, dentist visits, etc. As of January 2022, the ETS states that upon vaccination, face coverings are optional. However, if an employee wishes to use a face covering when they’re feeling sick or are afraid of infection, they have a right to do so. Similarly, employers are allowed to mandate face coverings for their employees if they feel it’s the safest option.
Training
Employers are required to provide safety training to their employees regarding the pandemic. The training should at least contain the following:
- Information on COVID-19 related benefits, such as paid sick leave
- Information on COVID-19 including symptoms, how it spreads, and how to prevent infection
- Company procedure for preventing the spread
- Company standards on precautions such as masks and vaccines
- Frequent proper handwashing
Just like any safety training, training against COVID-19 serves the purpose of protecting the health and safety of employees. Employers should make it a priority, as a way of ensuring their employees are safe and healthy.
Record Keeping
Employers are required to document the following:
- All COVID-19 cases among employees
- They must provide the employee’s name, address, contact info, occupation, date of the last day worked, and the positive COVID-19 test
- The company’s practices and regulations
- Employees who are fully vaccinated and those who aren’t
- Serious occupational illnesses
Employee Benefits
If an employee were to be exposed to COVID-19 while in the workplace, they’re protected by certain benefits that make sure they’re treated fairly. One example of this is exclusion pay.
Exclusion pay qualifies an employee for paid time off if they become infected due to workplace exposure. In these cases, the employee usually receives five to ten paid days off, or as long as it takes to get better. If the employee takes longer than 10 days to recover, they may be entitled to other benefits such as disability.
There have been cases when employers retaliate or refuse to offer the exclusion pay when an employee becomes sick. In this case, the employee has every right to file a claim with Cal/OSHA. Becoming infected in the work environment is treated the same way as any workplace accident. Therefore, employees who are unable to work due to an incident are entitled to compensation
Case Response
If an employee begins exhibiting symptoms or tests positive for COVID, they should be sent home until their symptoms recede and they feel well enough to return to work. It is not required for an employee to test negative in order to return to work, though it is advised.
Upon learning an employee is infected, the manager should notify the rest of the employees of the case. They should determine which employees may have had close contact with the infected employee and have them practice social distancing. From there, tests should be distributed by the manager to employees. Every employee should monitor their temperature carefully and watch for symptoms.
If three or more employees become infected, the workspace is then classified as an outbreak. Employers should provide COVID tests once a week, and continually monitor the health of the employees. At this point, every measure should be taken to prevent further infection. Masks should be worn, regardless of vaccination status. Employees should avoid being within six feet of each other. A particular emphasis on hygiene and hand washing should be conducted, as well as a thorough review of safety procedures.
Other Training Resources
Along with guidelines for COVID-19, it’s critical for employees in California to receive proper training on the rules placed by Cal/OSHA, especially for those working in hazardous environments. Cal/OSHA has released specific trainings on topics such as fall protection, fire watch, heat prevention, and safety guidelines for machines used in many environments. Hard Hat Training offers both online and in-person training sessions that cover all the standards by Cal/OSHA. Giving proper time and attention to learning about these standards is critical in helping employees stay safe and return home at the end of each day.