1. CALIFORNIA DEPARTMENT OF HEALTH
Due to a recent increase in cases, CDPH has mandated that everyone in California wear a mask in indoor public spaces and workplaces. The order is in effect December 15, 2021 to January 15, 2022.
A. Everyone is required to wear masks in the following settings:
· Indoor public spaces (until January 15, 2022)
· Workplaces (until January 15, 2022)
· Public transit
· Healthcare settings (including long term care facilities)
· Adult and senior care facilities
· Indoors in K-12 schools, childcare, and other youth settings
· State and local correctional facilities and detention centers
· Homeless shelters, emergency shelters, and cooling centers
B. For more information visit:
2. OSHA REINSTATES ETS
The COVID- 19 Prevention Emergency Temporary Standards are still in effect. The workplace standards were updated in December 2021 to include minor revisions related to returning to work after close contact. The revisions are effective starting on January 14, 2022. In addition to these requirements, employers must follow public health orders on COVID-19. More information on the COVID-19 Prevention Emergency Temporary Standards is available in Cal/OSHA’s Fact Sheet.
· Effective January 10, 2022: All requirements of ETS are in effect now,
other than the COVID-19 testing requirements for those not fully
vaccinated, including the requirement that unvaccinated employees
· Effective February 9, 2022: COVID-19 testing requirements for those
not fully vaccinated come into effect.
· Note: OSHA can issue citations today for noncompliance with all but the
testing requirements of ETS, but will give employers a grace period until
January 10 if exercising reasonable, good faith efforts to come into
compliance with the ETS during this interim period.
B. COVID-19 ETS frequently asked questions can be found at https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html
The FAQs address:
· Scope of Coverage
· The COVID-19 Prevention Program
· Communication with Employees
· Identifying, Evaluating and Correcting COVID-19 Hazard
· Face Coverings and Other Controls
· Addressing COVID-19 Cases in the Workplace
· Exclusion Pay and Benefits
3. EMPLOYER REQUIREMENTS
A. COVID-19 Prevention Plan
B. Written Vaccination Policy, to include but not limited to:
1) The employer must establish, implement, and enforce a written mandatory vaccinatio1) The employer must establish, implement, and enforce a written mandatory vaccination policy that requires each employee to be fully vaccinated against COVID-19
1) The employer must implement a policy that allows employees to choose between being fully vaccinated or both tested and wearing a face covering.
C. Procedure For Determining Employee’s Vaccination Status
1) Employers must determine employee vaccination status, and must require that any employees who are not vaccinated be tested for COVID-19 at least once every 7 days.
2) Employer’s must maintain a record of:
· Employee’s COVID-19 vaccination status;
· Proof of vaccination
· Copies of employee COVID-19 test results; and
· The aggregate number of fully vaccinated employees at a workplace along with the total number of employees at the workplace.
4. ADDITIONAL CONSIDERATIONS
A. Employers who ignore the standard could face OSHA citations and penalties of up to nearly $14,000 per violation.
B. The ETS can remain in place for 6 months before it must be replaced by a permanent OSHA standard.
C. OSHA is granting employers a limited “grace period” to comply with the ETS requirements. Grace period ends 1/10/2022.