Cal/OSHA implements and enforces California’s COVID-19 safety regulations for businesses. On November 30, 2020, Cal/OSHA put into effect the first COVID-19 Prevention Emergency Temporary Standards (ETS), and has since issued four revisions during the pandemic:

November 30, 2020 (Original ETS)
June 17, 2021 (First revision)
January 14, 2022 (Second revision)
May 6, 2022 (Third revision)

The latest ETS, now in effect until December 31, 2022, includes several new requirements for all workplaces with two or more people.

Summary of Changes

All businesses must:

Have a written COVID-19 Prevention Program
Train employees on the COVID-19 Prevention Program
Have face masks available to employees at no cost
Have N95 respirators available to employees at no cost
Have testing available to employees at no cost, during work hours, in the following situations:
- Employee has COVID-19 symptoms
- Employee had a close contact with a person with COVID-19
- During an outbreak or major outbreak
Exclude employees that test positive for COVID-19 from the workplace. Employees can return after 5 days if the employee:
- Has a negative test
- Symptoms are improving
- They wear a face covering at work for an additional 5 days
During an Outbreak (three or more COVID-19 cases among employees in an exposed group within a 14-day period), employees who had close contacts must test negative or be excluded from the workplace until the return to work requirements for COVID-19 cases in are met.
During a Major Outbreak (20 or more COVID-19 cases in an "exposed group" within a 30-day period), all employees in the exposed group must test negative or be excluded from the workplace until the return to work requirements for COVID-19 cases in are met.

COVID-19 Prevention Program and Employee Training

The written COVID-19 Prevention Plan must include, among other things:

Establishing communication systems for how employees can participate and how issues and cases are reported and handled.
COVID-19 hazard assessment and inspections
Information about how to obtain face masks and N95 respirators at no cost
Information about hand washing, sanitizing, and cleaning
Information about how to obtain testing at no cost to the employee during work hours
Information about investigating, recording, and reporting COVID-19 cases
How employees are trained and instructed about the plan
Employee training log, including information about exclusion pay and other benefits
COVID-19 case investigation form
Protocols for handling Outbreak and Major Outbreaks
Documentation about vaccination status (optional)
Information about how the program applies to employer-provided housing and transportation (if applicable)

Cal/OSHA ETS Compliance Packages:

Face Masks and N95 Respirators

All organizations must provide face masks and N95 respirators to employees at no cost. Respirators must NIOSH approved. KN95 masks or respirators that are not NIOSH approved do not fulfill the requirement. NIOSH stands for National Institute for Occupational Safety and Health. The agency operates under OSHA and has a testing, approval, and certification program assuring respirators used in the workplace meet certain standards for blocking particles. To ensure a respirator is NIOSH-approved, you can check NIOSH’s Certified Equipment List.

COVID-19 Testing

All employers must now offer free testing to employees during work hours in the following situations:

Employee has COVID-19 symptoms
Employee had a close contact with a person with COVID-19
During an outbreak or major outbreak

To comply with the new testing requirements, an employer could utilize one of the following options:

Self-Administered Over-the-Counter Tests. An employer could supply employees with inexpensive over-the-counter tests and allow them to self-administer and self-report their results provided the results can be verified — this could be satisfied by having the employee submit a date and time stamped image of the result, or by having them use an app to upload the date and time-stamped results. This choice is likely the least expensive option from a test cost and employee time standpoint.
On-Site Testing by Third Party. The employer could hire a third party to come to the workplace, or a location outside of the workplace, to perform testing and/or proctor rapid antigen tests and record results. This may be a good option in the event of an Outbreak or Major Outbreak to ensure that tests are performed properly in order to minimize false negative results that could cause COVID-19 to continue to spread in the workplace.
On-Site Proctoring by Designated Employee. The employer could have a designated employee proctor over-the-counter tests and record results either on-site or at an off-site location.
Off-Site Testing. The employer can pay for an employee to get tested off-site during work hours. The employer would have bear the cost of the test and pay the employee for the time required to take the test. There are still some free testing sites around, but there are fewer every day, and many employees may not be in close proximity to a free testing site. Because the employer has to bear the responsibility of the paying the employee for their time to get the test, even if the test itself is free, the wages that would have to be paid for the time to get the test is likely not the most cost-effective option.

Required and Optional Documentation

In addition to a written COVID-19 Prevention Program, the new ETS requires that employers have the following documentation on hand and available immediately upon request:

COVID-19 Hazard Assessment. Employers must assess areas in the workplace that may increase the risk of transmission of COVID-19 and provide ways to address issues and minimize transmission risk.
COVID-19 Inspection Log. Employers must perform inspections of building ventilation and filtration systems, hand washing and sanitizing facilities and protocols, and the availability and proper use of PPE including mask, respirators, face shields, barriers, and gloves, as applicable.
Training Materials. Presentations and other documents provided to employees during the training, which details information about exclusion pay and other benefits that will be provided or obtained if an employee get COVID-19 from the workplace, or outside the workplace.
Training Log. List of employees (with signatures) that have completed COVID-19 Prevention Program training
Case Investigation Log. Employers must documents investigations in which a COVID-19 case, or suspected case, was present in the workplace, the actions taken, and a list of employees contacted about the potential exposure.
Vaccination Log (optional). A log of the vaccination status of employees may be kept. However, the new ETS regulations pertain to all employees regardless of vaccination status.

We hope this helps you digest the new Cal/OSHA ETS requirements for businesses in California. If you have any questions or would like us to help with any of the areas above, we are just a click or call away. We also have Cal/OSHA ETS Compliance Packages if you would like to offload most of the work on us!

New Cal/OSHA COVID-19 requirements effective May 2022