COVID-19 Emergency Temporary Standards from Cal/OSHA
Dear OCEA member,
As you know, California has experienced a statewide surge in COVID-19 cases and related hospitalizations. I want to make sure that you are aware of recent pandemic-related actions taken by the Division of Occupational Safety and Health of California (Cal/OSHA) which impact health and safety in California workplaces.
Effective Nov. 30, 2020, Cal/OSHA adopted an Emergency Temporary Standard (ETS) that temporarily amends pertinent sections of the agency’s Regulations for a period of 180 days.
The ETS clarifies the obligations for all California employers upon notification of a positive COVID-19 test in the workplace. Under the ETS, once an employer receives notification of a positive COVID-19 test, it must:
- Determine when the worker with a positive test was last present in the workplace and/or had symptoms;
- Determine other workers who may have been exposed;
- Provide notice to those exposed and their union;
- Offer COVID-19 testing to all workers who had potential exposure;
- Ensure that the COVID-19 worker is excluded from the workplace; and
- Adhere to the return-to-work criteria set forth in the ETS.
Additionally, the ETS provides definitions of certain COVID-19 terms. An “outbreak” is three or more COVID-19 cases in an “exposed workplace” within a 14-day period (or identified as an outbreak by a local health department). A “major outbreak” is 20 or more COVID-19 cases in an “exposed workplace” within a 30-day period. The ETS sets forth additional employer obligations in response to an “outbreak” or “major outbreak,” such as additional testing and reporting requirements.
An “exposed workplace” is any work location, working area, or common area at work used or accessed by a COVID-19 case during a high-risk exposure period, including bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The exposed workplace does not include buildings or facilities not entered by a COVID-19 case. The “high-risk exposure period” varies depending whether or not a COVID-19 case develops symptoms.
What does this mean for you and your safety? The ETS provides you with additional protections and imposes additional obligations on employers. In at least the short term, the number of COVID-19 cases at your worksite may continue to climb. OCEA has been and will continue to monitor COVID-19 transmission rates. We will also continue to make every feasible attempt to ensure your employer takes both ETS-mandated and other common-sense actions to continually provide you with a safe and secure workplace.
The next several weeks will likely present unprecedented challenges. Take care of yourself and each other by being mindful of your actions and surroundings. Wear a mask. Maintain social distance whenever possible. Wash your hands regularly.
Be vigilant and report all workplace hazards, including COVID-related hazards, to Human Resources/Risk Management. Follow up with your OCEA Labor Representative. Let us know if a known hazard hasn’t been addressed, if you are short of PPE, or if you need any other assistance. I want to assure you that your communications with your OCEA Labor Relations Representative are confidential. Your reports of workplace safety concerns are protected against retaliation or discrimination by your employer under California law. OCEA will vigorously defend your right to a safe workplace. Click here to view OCEA's Know Your Rights! flyer.
You are OCEA’s eyes and ears in the workplace. Your co-workers, their families and friends depend on you. If you want to get more involved with how you can keep your co-workers safe, please let us know by going to www.ocea.org/getinvolved. By working together, by standing together, we will get through this challenging time.
Stay safe,
Charles Barfield
OCEA General Manager
Publication Date: December 11, 2020
