The New Cal/OSHA COVID-19 Non-Emergency Regulation

Cal/OSHA’s Emergency Temporary Standard (ETS) has been replaced by the Non-Emergency Regulation (NER) and will be in effect for two years. 

The most common Cal/OSHA citation is related to the IIPP, so you want to make sure you either update your IIPP or create an addendum that covers the COVID-19 procedures. HR Advisors, Inc. can help with updating your materials and creating addendums in your employee handbook.

Here Are Some Important Definition Changes

“Close Contacts”

• For indoor spaces of 400,000 or fewer cubic feet per floor, a close contact is anyone sharing the same indoor airspace for 15 minutes or more over a 24-hour period.

• For indoor spaces of greater than 400,000 cubic feet per floor, a close contact means being within six feet of the COVID-19 case for 15 minutes over a 24-hour period.

“Infectious Period”

• For COVID-19 cases with symptoms, the “infectious period” is measured from two days before the onset of symptoms until 10 days have passed (or five days if the employee tests negative on day five or later) and 24 hours have passed without a fever.

•  For COVID-19 cases without symptoms, you’ll measure from two days before the test specimen was collected through 10 days (or through day five if the employee tests negative on day five or later).

The Non-Emergency Regulation Eliminates Daily Screening

Unlike the ETS, the Non-Emergency Regulation (NER) does not require employers to develop and implement a process for screening employees for COVID-19 symptoms. Instead, the Non-Emergency Regulation does provide that employees shall be encouraged to report COVID-19 symptoms and to stay home when ill.

Exclusion Pay Has Been Eliminated!

Unlike the ETS, the NER does not require employers to continue to maintain an employee’s earnings and benefits when they have been excluded for covered COVID-19-related reasons (exclusion pay).

Changes Made To The Recordkeeping And Reporting Requirements

The NER deletes previous requirements that employers had to report information about COVID-19 cases and outbreaks to local public health departments, however local public health orders may require such reporting. In addition, major outbreaks must be reported to Cal/OSHA (a new requirement).

Employers are required to keep a record of and track all COVID-19 cases however, the NER no longer requires employers to keep records of close contacts.