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Working to Make Sense of California’s New COVID Workplace Rules

  Tahoe Chamber  |   June 8, 2021   |   Community NewsGovernment Affairs

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Note: This information has been gleaned from information published June 7th by the Sacramento Bee.

If you are working outdoors, no, you don’t have to wear a mask unless you have COVD-19 symptoms.

 

Workplace Rules

If you are working indoors, yes, you have to wear a mask. There is one exception: You don’t have to wear a mask if everyone in a room is fully vaccinated and does not have COVID1-19 symptoms.

Social distancing is required if you work inside or at “mega outdoor events” (defined as have 10,000 or more participants). However, this requirement ends July 31, 2021.

After that, social distancing is not required, except during a COVID-19 outbreak.

In mixed groups, masks would still be required, but businesses would not have to impose social distancing if they provide N-95 masks for the unvaccinated to use voluntarily.

 

I am not fully vaccinated. What can I do?

You’re alone in a room or eating and drinking, as long as you stay six feet apart from others.

You can’t wear face coverings because of a medical condition.

You can’t feasibly perform specific tasks with a face covering.

You are outdoors and six feet apart from others.

 

How do these Standards work with Federal and State Guidance?

Federal guidance says those who are fully vaccinated can go maskless indoors and outdoors. However, the Centers for disease control and Prevention note that state and local workplace guidance can supersede the federal recommendation.

California plans to lift its mask mandate June 15th but CAL OSHA has the authority to create separate rules for workplaces.

 

What Else Should I Know about the Standards?

N95 masks: If you are not fully vaccinated and working indoors or at mega outdoor events, employees can ask their employers to provide N95 masks starting July 31.

Proof of Vaccine: To prove you are fully vaccinated, employers can ask their employees for documentation. Details are not yet clear about what documentation will suffice, but CAL OSHA Deputy Chief, Eric Berg, said employers don’t need to keep a copy of their employee vaccination cards.

Testing: Employees have the right to get tested at no cost during paid time if they are not fully vaccinated and have COVID-19 symptoms.

Outbreak: An outbreak is now defined as having three or more employees at a worksite testing positive for COVID-19 within a 14-day period. The workplace is defined as any working area used or accessed by those who tested positive during their high-risk exposure period.

Those who are fully vaccinated without symptoms don’t have to self-isolate even if they were exposed to COVID-19. The same is the case from those who recovered from COVID-19 within 90 days. However, if someone does not fall into either of these categories, and were exposed to COVID-19 at work, they must still self-isolate. An employer must continue to pay an employee while that worker self-isolates.

Note: Because CAL OSHA rules only govern the workplace, customers won’t be affected. However, come June 15th, if California lifts its mask mandate, customers can come in without face coverings.That being said, there is some grey area. Nothing is stopping a private employer from requiring everyone, including customers, to wear masks.

 

Could these Rules Change Again?

Yes. On Thursday, June 3rd, the CAL OSHA Board voted to convene a subcommittee to update the standard as quickly as possible. The next meeting is scheduled for June 17, followed by another on July 15 (although the Board can convene an emergency session in between).

However, CAL OSHA senior management acknowledges it could take until August to make any substantial change to the workplace standards, given the need for business and community feedback.


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