A Plethora of New COVID Rule Abounds

Public Health and Workplace Safety Officials at every level of government have been very busy crafting and issuing new rules and guidance for individuals and employers regarding which COVID-19 protections can be abandoned –and which should be kept–moving forward.

Most of the new rules relax previous standards and regulations and some conflict with one another. This can be confusing for employers.

The Pandemic Emergency is Officially Over in California

California’s COVID-19 Emergency Proclamation was lifted effective March 1, 2023, along with related executive orders regarding mask and vaccine mandates. President Biden has announced that the federal public health emergency will not end until May 11.

Healthcare Workers in Los Angeles County Still Need to Mask and be Vaccinated

Los Angeles County healthcare workers still need to be vaccinated (subject to exemptions) against COVID-19 and wear masks when they are with or near patients, despite the State’s elimination of similar mandates effective April 3^rd. Other workers and volunteers in Los Angeles healthcare settings also need to wear masks when near patients. Los Angeles County Public Health Director Barbara Ferrer said the mandates will be reevaluated in September. However, other County restrictions are being loosened in line with the State. Visitors and patients in healthcare settings will no longer be required to wear masks, and, as of April 3^rd, workers in detention facilities, correctional facilities and adult day care settings are no longer required to be vaccinated against COVID-19.

Long Beach and Pasadena have aligned their mask policies for healthcare settings with Los Angeles County.

In addition, federal law still requires that specified staff at Medicare and Medicaid certified providers throughout the country are vaccinated against COVID-19. (See, QSO-23-02-ALL (Revised Guidance for Staff Vaccination Requirements).

Isolation Standards Reduced

Another change in COVID-19 rules – People testing positive for COVID-19 still need to isolate but can leave isolation after only five (5) days if they don’t have a fever for more than 24 hours (without using fever reducing medicine) and have no symptoms, or mild symptoms that are improving. A test is no longer required for returning after 5 days if the other criteria have been met. As for masking upon returning to work, the California Department of Public Health has switched to recommending, rather than requiring, masking until the tenth day after a positive test or onset of symptoms, but Cal/OSHA is still requiring that employees mask for the full ten (10) days. Therefore, employers should have masks available for all employees returning from COVID exclusion leave and require that they be worn until Day 10. (See, https://www.dir.ca.gov/DOSH/Coronavirus/Covid-19-NE-Reg-FAQs.html#iso.Table 1.)

Goodbye to Cal/OSHA Emergency Temporary Standards

The Cal/OSHA Emergency Temporary Standards for COVID -19 were lifted effective February 3, 2023. In its place are new Non-Emergency Standards regarding Exclusion Pay, Injury Illness Prevention Program (IIPP), and COVID Testing in the workplace, among other things.

Unlimited Exclusion Pay is No Longer Required. Instead, employers are required to inform employees of the various benefits available to them such as paid sick leave, vacation and medical leave.
COVID is identified as a workplace hazard that must be addressed in an IIPP or separate document.
Employers are no longer required to provide free COVID testing during paid work time to employees with COVID symptoms. Employers must still provide free testing during paid work time to

- To employees who had a close contact at work, with an exception for symptom-free employees who recently recovered from COVID-19 (returned cases).
- During an outbreak, to all employees within an exposed group, at least once a week, except for employees who were not at work during the relevant period and symptom-free employees who recently recovered from COVID-19 (returned cases). Employees who are not tested within 3-5 days after a close contact must be excluded from the workplace until the return to work requirements for COVID-19 cases in are met. Please see the CDPH Isolation & Quarantine section of this FAQ for information on when COVID-19 cases may return to work.
- During a major outbreak, twice per week, except for employees who were not at work during the relevant period and symptom-free employees who recently recovered from COVID-19 (returned cases). Employees in the exposed group who are not tested must be excluded from the workplace until the return-to-work requirements for COVID-19 cases are met. Please see the CDPH Isolation & Quarantine section of this FAQ for information on when COVID-19 cases may return to work.
- When following CDPH’s Isolation and Quarantine Guidance to keep employees working, if tested. Please refer to the section in this FAQ on CDPH’s Isolation and Quarantine Guidance.

The new standards also redefine several critical terms relating to outbreaks, previously infected employees, and close contacts, among others. Employers should update their policies and procedures to comply with the new Cal/OSHA Non-Emergency Standards and other federal, state and local rule changes. For more information, please contact us at (818) 591-6724.

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