HR News

Cal/OSHA Update for Fully Vaccinated Employees: For Real This Time… We’re Pretty Sure.

The past few weeks have been a Cal/OSHA Roller Coaster, haven’t they?
Updated regulations proposed, paused, revised, passed, withdrawn, and proposed again as well-meaning employers scrambled to keep up. The latest iteration of Cal/OSHA’s Emergency Temporary Standards (ETS) was released for public comment on June 11, and was passed by the Board on June 17.
It’s great news for employers, and we think it’s actually going to stick this time!

Physical Distancing

Surprisingly, the entire section on Physical Distancing is removed from the ETS. This means employers do not need to enforce distancing requirements for any employees, except when an employee is not vaccinated and cannot wear a face covering due to a health condition.

Face Coverings

Your fully vaccinated employees are not required to wear face coverings in any situations.

Employees who are not fully vaccinated must be provided with face coverings (N95 masks or “respirators” not necessary) and are required to wear them, with the following exceptions:
• They are alone in a room or vehicle,
• They are eating/drinking outdoors, or indoors at least 6 feet away from others and outside air supply has been maximized to the extent feasible, or
• They are exempt from wearing a face covering due to a physical/mental health condition.
An employee cannot be prevented from wearing a face covering if they choose to do so, unless it would create a safety hazard, and employees must be provided with face coverings if requested, regardless of vaccination status.

If an unvaccinated employee requests a respirator (N95 mask) for voluntary use when working indoors or in a vehicle with more than one person, the employer must provide a respirator of the correct size and encourage the employee to use it.

If an employee cannot wear a mask due to a health condition, he/she should wear a non-restrictive alternative, such as a face shield with a drape on the bottom. If that is not possible due to the health condition, and if the person is not fully vaccinated, he/she must maintain 6 feet distance from others and be tested weekly for COVID-19 at the company’s expense and on paid time.

COVID Testing and Workplace Exclusion

Previous rules regarding exclusion of employees who report exposure to a COVID-19 case remain in place, with the following exceptions:

• The employee is fully vaccinated, or
• The employee previously had COVID-19 and has remained symptom-free for at least 90 days since the onset of his/her symptoms (or at least 90 days since taking a positive test, if asymptomatic.)

If the exposure is work-related, the employee must receive full pay and benefits as if he/she were still working, unless the employee is receiving State Disability Insurance payments or is covered by workers’ compensation disability benefits.

If any employee reports potential COVID-19 symptoms, regardless of vaccination status, COVID-19 testing must be made available at no charge to the employee during paid time. If the employee is not vaccinated, he/she should be excluded from the workplace until at least ten days have passed since the onset of symptoms.

Employee Vaccination Status

Cal/OSHA defines “fully vaccinated” as: “the employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose vaccine.”

Because almost all of the updated regulations hinge on whether or not an employee has received the vaccine, we recommend asking employees to provide copies of their vaccination cards for your records (stored in their medical/confidential files.) Any employee who prefers not to provide this information must follow the protocols for unvaccinated staff.

Moving forward, employers may consider including COVID-19 vaccination in the physical requirements of a job and request the information from job applicants. Of course, inability to receive the vaccine due to a medical condition or religious belief must be reasonably accommodated in the same manner as other disabilities/observances.

COVID-19 Prevention Plans

If Sierra HR has prepared a COVID-19 Prevention Plan (CPP) for your business, it will need to be revised based on the new Cal/OSHA standard. Thankfully, the updates will make the plan document simpler, rather than adding new requirements. We will be working on updated CPP wording, and will reach out to you when the new information is ready. Please contact us directly if you have questions about the status of your CPP.

This feels like several wonderful steps in the right direction, but we know there will continue to be ups and downs. Sierra HR Partners will maintain awareness of changing state and local regulations, and update clients of any new requirements. Please don’t hesitate to reach out to one of our certified Consultants with any questions or concerns you have. We’re here to help!

What California Businesses Can Expect on June 15, 2021

We’re told that California is reopening for business on June 15th. What exactly does this mean? Here are some take-aways:

• Physical distancing and capacity limitations are eliminated for customers, clients, attendees, guests and patrons.

• Vaccination or a negative test is required for indoor mega events.

• Masking is not required for fully-vaccinated persons except for public transportation, K-12 schools and childcare, healthcare settings, long-term care facilities, correctional facilities, and homeless, emergency or cooling centers. Persons younger than two, with medical conditions, or hearing impaired are exempted from the mask requirement.
The rules for workers differ from the rules for persons patronizing California businesses. Under Cal/OSHA’s proposed COVID-19 Standards, as revised on June 12, 2021, two of the more important provisions are:

• The physical distancing requirement has been eliminated for most purposes. Distancing is required, however, when workers have been exposed to a COVID-19 case.

 • Employees who are fully vaccinated are not required to wear face coverings. The employer must provide masks to all other employees working indoors and, in a vehicle, and make sure the masks are worn properly.

• The employer is not required to provide workers with a respirator. But if an unvaccinated employee who works indoors chooses to wear one, the employer must provide it and ensure it is the correct size.

These Standards won’t go into effect unless the Standards Board approves them on June 17th.

Doug Larsen
Fishman, Larsen & Callister
559.256.5000

The COVID Shuffle (Or Rewind)

An excerpt from Doug Larsen’s recent article:

“On November 30, 2020 Cal/OSHA adopted Emergency Temporary Standards to deal with the COVID-19 pandemic. Employers quickly and begrudgingly complied, spending significant time and energy implementing a COVID Prevention Program.

In May of 1021 Cal/OSHA teases employers with revisions to the Standards. But the morning of the Cal/OSHA Standards Board meeting, the planned revisions were scrapped.

Over the Memorial Day weekend Cal/OSHA issued the second set of revisions to the Standards. After a lengthy healring Standards Board adopted these revised revisions, determining they were better than the original Standards from November 2020.

Employers have been making changes to the workplace to prepare for June 15th. But just a few hours ago, Cal/OSHA voted to withdrawal the revisions they approved on June 3rd.  

Why? Because they want to consider the latest guidance on masking from the COD and the California Department of Public Health. Really? Don’t we already have the CDC guidance? Hasn’t Governor Newsom confirmed he will open the sate’s economy on June 15th?

The CDC states, “fully vaccinated people can resume activities without wearing a mask or physically distancing…” The only exception is for other laws that would require masking. 

But why would any government impose masking requirements on fully vaccinates people if government followed science? Good questions, isn’t it? We also know that plexiglass does not inhibit an aerosol (but that hasn’t stopped Cal/OSHA from mandating this false hope). And the CDC acknowledged that the risk of transmitting COVID via surfaces is very low. So why must we disinfect so frequently?

Doesn’t it make you wonder if government is playing politics?

What does the CDPH say about masking? A memorandum published June 9th tells us fully vaccinated person are not required to wear masks outdoors except during crowded events. Unvaccinated persons must wear facemasks outdoors when distancing cannot be maintained.

However, the CDPH also tells us that effective June 15th, we now have a new set of rules. Fully vaccinated people are exempt from mask-wearing except when on public transit, at school or childcare, in healthcare settings, in correctional facilities, and in shelters.

Come June 15th, businesses “may choose” one of the following options: (Does this mean a business must choose an option, or can it ignore the CDPH?)

• Provide patrons with vaccination requirements and allow them to self-attest;
• require proof of vaccination; or
• Require all patrons to wear a mask.

Let’s get real. Self-attesting is unrealistic. Asking every patron to wear a mask or show proof of vaccination will just lose business to a competitor. Governor Newsom said business will fully reopen on June 15th so what’s up with the continuing mask rules? Good questions. There is absolutely no good answer.

When will California eliminate the COVID restrictions? Your guess is as good as mine.”