Cal/OSHA Standards Board Adopts Revised COVID-19 Regulation

The regulations are expected to be in effect by June 15, 2021, but they must first be approved by the Office of Administrative Law. Even if they do go into effect, the Cal/OSHA Standards Board expects to revisit the new regulations at its June 17 meeting to consider possible changes.

At present, highlights of the new regulation are:

Face coverings will still be required for employees working indoors or when outdoors and less than six feet away from another person unless:

• An employee is alone in a room;
• All people in a room are fully-vaccinated (meaning two weeks have passed since their last shot);
• The employee is fully-vaccinated, symptom-free, and outdoors;
• The employees are eating or drinking, provided they are six feet apart and outside air supply, if indoors, has been maximized;
• The employees are wearing respirators required by the employer;
• The employees have a medical or mental health condition or disability preventing them from wearing a face covering (they must wear a face shield or other alternative, if possible); or
• The employees are performing a specific task that cannot be performed with the face covering.

Until July 31, 2021, physical distancing of six feet is required indoors, unless infeasible; OR unless employees who are not fully vaccinated are provided with respirators for voluntary use.

The following employees do not need to be excluded from the workplace following a “close contact” with a COVID-19 case:

• Employees who are fully-vaccinated; and
• Employees who have returned to work after having COVID-19 and have remained symptom-free for ninety (90) days.

Changes to COVID-19 Prevention Plans will be required, including the addition of training on the efficacy of COVID-19 vaccines.

Stay tuned for further updates.