On May 14, 2020, Cal/OSHA finally jumped into the COVID-19 regulation game, as though we needed more regulations! The guidance does not impose any new legal obligations. However, it articulates the existing standards, regulations and Executive Orders which must be modified to protect workers from COVID-19 exposure.
ATD Standard
First, those employers covered by the Aerosol Transmissible Diseases Standard, 8 C.C.R. § 5199, must effectively implement the Standard. Employers covered by this Standard include hospitals, skilled nursing facilities, clinics, medical offices, medical transport, laboratories, public health services, homeless shelters, drug programs and funeral homes.
IIPP Modification
All other employers must modify their Injury and Illness Prevention Programs, 8 C.C.R. § 3202, to include control measures and relevant guidance from the CDC. Cal/OSHA noted that most employers will be required to implement changes since COVID-19 is widespread. We recommend that all employers review and modify their IIPPs to include COVID-19 changes. This is a critical component of a Return-to-Work plan or an Infectious Disease Preparedness and Response Plan as recommended by federal OSHA.
Cal/OSHA instructs employers to establish infection prevention measures recommended by the CDC and federal OSHA. These measures include encouraging sick employees to stay home; the use of leaves, including those available under the FFCRA; practicing social distancing; providing face masks and appropriate PPE; and establishing disinfecting schedules, practices and routines.
Cal/OSHA requires employers in retail sales or service industries with frequent customer contact to implement additional requirements such as more frequent cleaning, barriers between customers and cashiers, scheduling of frequent handwashing, limiting customers in the facility and providing PPE to employees.
Employers are required to train employees on multiple subjects. They include: A description of COVID-19 symptoms; how to prevent the spread of infection; handwashing and other hygiene techniques; and the use of cleaners and disinfectants.
All employers must provide an adequate supply of cleansing agents, water and single-use towels or blowers.
Finally, 8 C.C.R. § 3380 requires employers to conduct a hazard assessment to determine if any PPE is needed to protect employees from hazards, including health hazards. Cal/OSHA is not recommending respirators or masks for most workers given the current CDC recommendations.
Summary
Cal/OSHA’s interim guidelines do not appear to require anything more or different than CDC recommendations or federal OSHA guidelines. However, it provides Cal/OSHA an easier way to fine a business for non-compliance.
The Cal/OSHA guideline also makes it very clear that every employer MUST modify its IIPP and safety plans to provide for the COVID-19 pandemic. At Fishman, Larsen & Callister and Sierra HR Partners, we believe this is of utmost importance. Each employer should conduct an independent assessment of its workplace, and the potential hazards and risks related to COVID-19. Once that is accomplished, the company’s safety plans should be modified to reflect those risks and methods of minimizing them. Finally, employees must be trained on how to avoid contamination and spreading the virus.
Doug Larsen can be reached at 559.256.5000 or [email protected]