The COVID-19 Prevention Non-Emergency Regulations requiring employers to protect workers from hazards related to COVID-19 are now in effect, following their approval on February 3, 2023, by the Office of Administrative Law. The new regulations will remain in effect through February 3, 2025, with recordkeeping requirements in effect through February 3, 2026. The Non-Emergency Regulations replace the Emergency Temporary Standards (ETS).
The Non-Emergency Regulations apply to all employees and workplaces in California, except workplaces where there is only one employee who does not have contact with anyone else; employees working from home; employees who are teleworking from a location of their choice, which is not under the employer’s control; and employees covered by the ATD Standard.
Overall, the Non-Emergency Regulations are somewhat less burdensome for employers than the prior Cal/OSHA Emergency Temporary Standard.
Notable provisions include:
- COVID workplace measures: Employers may address COVID-19 workplace measures within their written Injury and Illness Prevention Program (IIPP) or in a separate document. Employers must maintain an effective written Injury and Illness Prevention Program that addresses COVID-19 as a workplace hazard and includes measures to prevent workplace transmission, employee training, and methods for responding to COVID-19 cases at the workplace. Employers are legally obligated to provide and maintain a safe and healthful workplace for employees, including the prevention of COVID-19 exposure.
- Close Contact Definition: Close contact is determined by looking at the size of the workplace, as set forth in the California Department of Public Health (CDPH) State Public Health Officer Order.
- For indoor spaces of 400,000 or fewer cubic feet per floor, close contact is defined as sharing the same indoor airspace as a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 case’s infectious period as defined by this section, regardless of the use of face coverings.
- For indoor spaces of greater than 400,000 cubic feet per floor, close contact is defined as being within six feet of the COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 case’s infectious period, as defined by this section, regardless of the use of face coverings
- Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces that are separated by floor-to-ceiling walls shall be considered distinct indoor spaces.
A copy of the Non-Emergency Regulations as approved by the California Occupational Safety & Health Standards Board is available here.
Guardian HR has partnered with Trivent Safety Consulting, with whom we have worked out preferential pricing for our clients, to assist with Safety-related compliance including helping your company develop, implement, and maintain safety & health programs. Clients wishing for additional information on Trivent Safety Consulting please visit www.guardian-hr.com/safety-services/ or contact your Guardian HR Manager.
For additional information and resources, please visit the Forms Library in the client portal and access the folders COVID-19 > State-Specific Information (Sick Leave, Local Orders, etc) > California > CALOSHA Emergency Temporary Standards folder.
Additional information on the Non-Emergency Regulations can also be found at https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ including a FAQs Guide and Fact Sheet, and a Fillable COVID-19 Model Prevention Program.
For clients with questions regarding this topic, please contact your Guardian HR dedicated Manager.
If you wish to become a client of Guardian HR and get access to all our resources, including your own dedicated consultant and our team of employment attorneys, please contact us at email@example.com or call us at 888-373-4724.