Cal OSHA Approves Revised Regulations To Account For The Impact Of Vaccinations

• Published date: 12 June 2021
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employment and Workforce Wellbeing
• Law Firm: Ford & Harrison LLP
• Author: Mr David Cheng and Paul Suh

On June 3, 2021, the California Division of Occupational Safety and Health ("Cal OSHA") adopted revised regulations that address the impact of vaccinations as they have become widely available to the general public in California. These revised regulations contain comprehensive guidelines - more restrictive than those recently imposed by the Centers for Disease Control (CDC) - for employers to follow in addition to many of the prior requirements previously issued by Cal OSHA's COVID-19 Prevention Program, discussed in our previous Alert.

These revised regulations are expected to take effect no later than June 15, 2021, which is when California intends to fully reopen its economy. However, certain requirements related to physical distancing and face coverings will cease on July 31, 2021, with certain exceptions for those who are not fully vaccinated.

What Are the Key Requirements and Differences from the Prior Cal OSHA Regulations?

1. Scope and Definitions:

• Scope - In addition to the previous exceptions (for example, the standards did not apply to employees working from home, or employers subject to Cal-OSHA aerosol transmissible standards, such as those in healthcare), the revised regulations do not apply to employees who are teleworking from a location of their own choice.
• "Close Contact" - Instead of "COVID-19 Exposure," the regulations now use the term "close contact," which means being within six feet of a COVID-19 case during a high-risk exposure period regardless of the use of face coverings. However, it excludes employees who wore respirators (i.e., N95 masks) required by the employer.
• "Exposed Group" - Instead of "Exposed Workplace," the regulations use the term "exposed group," which excludes those who are momentarily passing through while wearing face coverings, part of a distinct group with no overlap in the workplace, and those present with face coverings while a COVID-19 case visited a common area for less than 15 minutes.
• "Face Coverings" - The following are now considered sufficient: surgical and medical masks, respirators worn voluntarily, or a tightly woven/non-woven two-layered fabric However, scarves, ski masks, balaclavas, bandanas, turtlenecks collars, or a single layer of fabric are specifically excluded.
• "Fully Vaccinated" - This term means the employer has documentation evidencing that the person received, at least 14 days prior, either their second dose in a two-dose COVID-19 vaccine or a single dose COVID-19 vaccine, which must...