In a recent update on January 9, 2024, the California Department of Public Health (CDPH) has introduced changes to COVID-19 regulations, some of which directly impact Cal/OSHA’s COVID-19 Prevention Non-Emergency Standards that remain in effect until February 3, 2025.
This CDPH update includes refined isolation and exclusion guidelines and modified testing recommendations for close contacts. Here are the key takeaways for employers.
First, Cal/OSHA’s long-standing policy, determining an employee’s return based on the conclusion of the “infectious period,” has undergone a crucial shift. CDPH now defines the “infectious period” for COVID-19 cases with symptoms as a minimum of 24 hours from symptom onset, allowing employees to resume work if they are fever-free without medication and exhibit improving symptoms. For asymptomatic cases, there is no defined “infectious period” unless symptoms manifest. Moving forward, to align with CDPH’s updated recommendations, employers should ensure that exclusion periods for employees are broken down as follows:
- Employees with symptoms should be excluded from the workplace until at least 24 hours have passed without fever, without the use of fever-reducing medications, and when symptoms are mild and improving.
- In cases with no symptoms, no recommended isolation period exists unless symptoms develop, at which point the mentioned criteria apply.
Amid these changes, employers must continue to take claims of a COVID-19 workplace exposure seriously and conduct thorough investigations. This reminder emphasizes the ongoing responsibility of employers to assess and determine if a close contact occurred, taking the appropriate steps, as outlined above, in response. Additionally, employers must continue to provide and enforce the use of face coverings according to CDPH guidelines. Upon returning to work, COVID-19 cases must wear a face covering indoors for 10 days, starting either from symptom onset or the first positive COVID-19 test date. Employees also maintain the right to wear face coverings and can request respirators for indoor work or during outbreaks.
Second, regarding testing, the CDPH no longer recommends testing for all close contacts. Instead, testing is now recommended only for individuals exhibiting new COVID-19 symptoms or those at higher risk of severe disease. However, it is important to note that regardless of this change in the CDPH’s recommendation, to remain compliant with Cal/OSHA’s COVID-19 Prevention regulations:
- Employers are still obligated to provide no-cost testing during paid time for employees with close contacts, excluding asymptomatic individuals who recently recovered.
- Employers are still required to test all close contacts in workplace outbreaks and everyone in the exposed group in major outbreaks. Throughout such outbreaks, employers must exclude employees who refuse to test and have symptoms for at least 24 hours from symptom onset and until they have been fever-free for at least 24 hours without the use of fever-reducing medications, and symptoms are mild and improving.
As we navigate these updates, WorkWise Law, PC remains committed to supporting you through these changes and ensuring your workplace stays resilient and protected.
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