Yesterday, December 15, 2021, the U.S. Supreme Court agreed to review a challenge to California’s Private Attorneys General Act (PAGA). PAGA is a California law that authorizes “aggrieved” employees to file lawsuits against an employer on behalf of themselves and other employees and to collect civil penalties on behalf of the Labor Commissioner for an…
On October 20, 2021, Cal/OSHA released further proposed revisions to the current Emergency Temporary Standards (ETS) (which were previously revised once before, here). If approved by the Standards Board, the second re-adoption of the ETS would be effective from January 14, 2022 to April 14, 2022.
Key Takeaways
Face Coverings in the Workplace
All employees, regardless of vaccination status, must wear a face covering while undergoing a COVID-19 screening indoors at the workplace.
COVID- 19 Testing in the Workplace
Employers are required to make COVID-19 testing available, at no cost, during paid time, to all employees, regardless of vaccination status, who have had a close contact in the workplace. Notably, fully vaccinated employees are not exempt from testing requirements.
COVID- 19 Prevention in the Workplace
Employers may, but are no longer required to, maintain a separate COVID-19 prevention plan, and may integrate such plans into the employer’s injury and illness prevention plan (“IIPP”), so long as the IIPP has the COVID-19 protocols.
Close Contacts in the Workplace
- Employees who were fully vaccinated before having a close contact, but are asymptomatic, do not need to be excluded from the workplace, and may continue to work if the employee:
- Is tested for COVID-19 3-5 days after the close contact,
- Wears a face covering at the workplace for 14 days following the last date of close contact, and
- Maintains 6 feet of distance from others at the workplace for 14 days following the last date of close contact.
Return to Work Protocol
- Employees who test positive for COVID-19 and have COVID-19 symptoms can return to work IF:
- At least 10 days have passed since COVID-19 symptoms first appeared,
- At least 24 hours has passed since a fever of 100.4 or higher has resolved without the use of fever-reducing medication, and
- COVID-19 symptoms have improved.
- Employees who have had a close contact but never developed any COVID-19 symptoms can return to work after 14 days have passed since the last known close contact, but can return to work sooner IF:
- 10 days have passed since the last known close contact and the person:
- Wears a face covering, and
- Maintains 6 feet of distance from others while at the workplace,
- For 14 days following the last date of close contact, OR
- 10 days have passed since the last known close contact and the person:
-
- 7 days has passed since the last known close contact and the person:
- Tested negative for COVID-19 using a PCR test taken day 5 or later after the last known close contact,
- Wears a face covering, and
- Maintains 6 feet of distance from others while at the workplace,
- For 14 days following the last date of close contact, and
- A minimum of 7 days has passed since the last contact occurred.
- 7 days has passed since the last known close contact and the person:
As additional guidance is issued, we will keep you informed.
On Wednesday, October 6, Mayor Garcetti signed a vaccine mandate, which requires eligible individuals, 12 years and older, to show proof of full vaccination in order to enter indoor public spaces. Applicable indoor public spaces include restaurants, bars, gyms, sports arenas, nail salons, and all indoor City facilities. People attending large, outdoor events will also need to provide proof of vaccination or a negative COVID-19 test to enter the event.
Beginning on November 4, 2021, businesses must check visitors’ vaccination status, and full enforcement of the mandate will begin on November 29, 2021.
Mayor Garcetti stated that: “These new rules will encourage more people to get the shot, and make businesses safer for workers and customers — so that we can save more lives, better protect the vulnerable, and make our communities even safer as we fight this pandemic.”
Proof of Vaccination Requirements
Eligible individuals must provide proof of either:
- A vaccination card issued by the Centers for Disease Control and Prevention (the “CDC”);
- A photo of both sides of the vaccination card;
- Documentation from a health care provider; or
- A digital record of vaccination issued by California, another state or country.
Non-Vaccinated Individuals
Customers who are not fully vaccinated are still permitted to use an establishment's outdoor space. Additionally, such customers are permitted to use the establishment’s indoor spaces for brief moments, such as using the restroom, picking up a to-go order, or paying, as long as they are wearing a face covering during that time.
Individuals with religious or medical exemptions for vaccinations are required to show negative coronavirus tests obtained within 72 hours of entry to indoor spaces.
Implications for California Business Owners
Starting November 29th, businesses that do not comply with the ordinance will first be warned, but then are subject to a $1,000 fine for a second violation, $2,000 fine for a third violation and a $5,000 fine for a fourth violation
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In November of last year, Cal/OSHA passed an Emergency COVID-19 Prevention Regulation promulgating temporary standards designed to protect workers from hazards related to COVID-19. Cal/OSHA has since revised its COVID-19 Prevention Emergency Temporary Standards (ETS), which were adopted on June 3, 2021, and included additional considerations covering vaccinations and required testing, quarantining, masking and other measures…