Cal/OSHA updates FAQs on COVID-19 emergency temporary standard

The California Division of Occupational Safety and Health (Cal/OSHA) issued a sweeping COVID-19 emergency temporary standard (ETS) effective November 30, 2020, which caught California employers off-guard (for more on the ETS, see “Cal/OSHA adopts sweeping COVID-19 prevention regulation” in our December 7, 2020, issue). In January, the agency issued two updates to its FAQs on its ETS. This article highlights some important takeaways.

Excluding employees from work

Employers must exclude from the workplace employees who (1) are COVID-19 cases or (2) have been exposed to the virus.

A COVID-19 case may return to work provided:

• At least 24 hours have passed since a fever of 100.4 or higher has resolved without the use of fever-reducing medications;
• COVID-19 symptoms have improved; and
• At least 10 days have passed since the symptoms first appeared.

For a COVID-19 case with no symptoms, at least 10 days must have passed since the first positive test before the employee may return to work. The ETS doesn’t require her to have a negative test to return to work.

For those who have had COVID-19 exposure, the ETS states: “Employers shall exclude employees with COVID-19 exposure from the workplace for 14 days after the last known COVID-19 exposure to a COVID-19 case.” However, the FAQs change the requirement by reducing the quarantine period from 14 to 10 days in light of changing guidance. Specifically, the FAQs state: