On December 14, 2020, Governor Newsom issued Executive Order N-84-20 which, among other things, updates the recent Cal/OSHA Emergency Temporary Standards (“ETS”) to match California Department of Public Health (“CDPH”) and Center for Disease Control (“CDC”) quarantine guidelines.

 

Highlights include:

  • All asymptomatic close contacts (within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period) may discontinue quarantine after Day 10 from the date of last exposure with or without testing.
  • During critical staffing shortages when there are not enough staff to provide safe patient care, essential critical infrastructure workers in the following categories are not prohibited from returning after Day 7 from the date of last exposure if they have received a negative PCR test result from a specimen collected after Day 5:
    • Exposed asymptomatic health care workers; and
    • Exposed asymptomatic emergency response and social service workers who work face to face with clients in the child welfare system or in assisted living facilities.
  • All exposed asymptomatic contacts permitted to reduce the quarantine period to less than 14 days must:
    • Adhere strictly to all recommended non-pharmaceutical interventions, including wearing face coverings at all times, maintaining a distance of at least 6 feet from others and the interventions required below, through Day 14.
    • Use surgical face masks at all times during work for those returning after Day 7 and continue to use face coverings when outside the home through Day 14 after last exposure.
    • Self-monitor for COVID-19 symptoms through Day 14 and if symptoms occur, immediately self-isolate and contact their local public health department or healthcare provider and seek testing.

The Cal/OSHA Emergency Temporary Standards regulations are suspended to the extent they conflict with the Governor’s Executive Order.

Visit the Cal/OSHA ETS webpage for more information about Cal/OSHA’s COVID-19 Emergency Temporary Standards,  which includes:


Our latest post about Cal/OSHA’s ETS can be found here.

Employers are encouraged to contact experienced employment counsel with any questions regarding an employer’s obligations under these and other COVID-19 related workplace requirements.


As additional guidance is issued, we will keep you informed.

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