Employers Must Act Immediately To Implement New Cal/OSHA Requirements!

On November 30, 2020, the Office of Administrative Law approved Cal/OSHA’s emergency regulations requiring employers to protect workers from hazards related to COVID-19. The temporary regulations are effective immediately. These measures are designed to clarify what employers must do to help prevent workplace exposures and stop COVID-19 outbreaks.

The new regulations apply to most employers in California. The regulations mandate several employer obligations, including:

• Employers must implement a site-specific, written COVID-19 prevention program to address COVID-19 health hazards;
• Employers must correct unsafe or unhealthy conditions, and provide face coverings;
• In the event there are multiple COVID-19 infections or outbreaks at the worksite, employers must provide COVID-19 testing and notify public health departments; and
• Employers must maintain accurate recordkeeping and reporting of COVID-19 cases.

These new regulations are robust and require a solid investment of time by employers. Cal/OSHA has conveyed that even though effective immediately, it will take into consideration employers’ good-faith efforts to implement these regulations, understanding that these new requirements will take time to implement.

Many of the provisions of the program were already required to be included in an employer’s injury and illness prevention program (IIPP); however, the plan required by the new emergency regulations must be specific to COVID-19. Employers can implement the new plan as an addendum to an already existing IIPP.

As a starting point, there are free templates available online including on Cal/OSHA’s site. While templates may be helpful as a starting point, they may be overly cumbersome in some respects or missing important procedures in others. Thus, many employers will find that their particular circumstances will require a more customized approach.

If you have any questions or need assistance with how to prepare a COVID-19 plan under this new emergency regulation, please contact us for support, we will be your partner in navigating through the changes.