OSHA Revises and Again Extends COVID-19 Emergency Temporary Standards?
OSHA Revises and Again Extends COVID-19 Emergency Temporary Standards?
California Occupational Safety & Health Standards Board (“OSHA”) extended the COVID-19 emergency temporary standards (“ETS”) for the third time, with some revisions. Importantly, the revised ETS will take effect this week and last until December 31, 2022[1].
There are some changes. The ETS now incorporates the California Department of Public Health (“CDPH”) definitions and procedures. Infectious period means: (1) For persons who develop COVID-19 symptoms, the infectious period is from two days before they first develop symptoms until all of the following are true: it has been 10 days since symptoms first appeared; 24 hours have passed with no fever, without the use of fever-reducing medications; and symptoms have improved; and (2) For those who never develop COVID-19 symptoms, from two days before until 10 days after the specimen for their first positive test for COVID-19 was collected.
The ETS eliminates discussion of fully-vaccinated. For instance, regardless of vaccination status, the ETS now requires employers to (1) provide respirators upon request by an employee (regardless of vaccination status), and to provide training on how to use the respirator; and (2) make COVID-19 testing available to symptomatic employees at no cost and during an employee’s paid time regardless of vaccination status. The new ETS also defines returned case as when an employee returns to work (in compliance with the ETS’s criteria to return to work) and did not develop any symptoms after returning to work. An employee is only considered a returned case for 90 days after the initial onset of COVID-19 symptoms or, if the employee never developed COVID-19 symptoms, for 90 days after the first positive test and if a period of other than 90 days is required by the CDPH or an order, that different period shall apply.
Employers now have no obligation to make COVID-19 testing available at no cost, during paid time, to all employees who had close contact in the workplace with a COVID-19 return case. After a close contact or as required in specified industries, employees must be tested weekly. And the cleaning and disinfecting procedures previously required were taken out. And, CDPH quarantining guidance must be followed to prevent transmission (including by those with a close contact).
Return to Work guidelines, regardless of vaccination status, for no-symptom employees are that (1) at least five days have passed from the date that COVID-19 symptoms began or, if the employee does not develop COVID-19 symptoms, from the date of first positive COVID-19 test; (2) at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever reducing medications; and (3) a negative COVID-19 test from a specimen collected on the fifth day or later is obtained; or, if unable to test or the employer chooses not to require a test, 10 days have passed from the date that COVID-19 symptoms began or, if the employee does not develop COVID-19 symptoms, from the date of first positive COVID-19 test. Return to Work guidelines for employees who continue to have symptoms are that the employee cannot return until at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medication; and symptoms are resolving, or 10 days have passed from when the symptoms began. An employee shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or, if the employee did not have COVID19 symptoms, from the date of their first positive COVID-19 test. Last, employers must evaluate whether six fee distance is feasible and ensure as much distance as possible – plexiglass requirements are eliminated.
Some things did not change, for instance, the exclusion pay requirement for those who had close contact with a COVID-positive person (in the workplace) and were asked to stay home.
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[1] Look here for publication this week: https://www.dir.ca.gov/dosh/coronavirus/ETS.html