12 February 2025
When the California Division of Occupational Safety and Health (“Cal/OSHA”) non-emergency COVID-19 prevention regulations took effect on February 3, 2023, they did so with a future sunset date of February 3, 2025, unless Cal/OSHA extended the effective date further. Cal/OSHA took no additional action, and most COVID-19 regulatory requirements expired last week, barring requirements relating to recordkeeping and notice.
What were the California non-emergency COVID-19 regulations?
The non-emergency regulations listed at 8 CCR 3205 required California workplaces to have a prevention plan in place addressing COVID-19 hazards, including requirements for isolation, employee training and notice. As a result, many companies revised their Injury and Illness Prevention Programs (“IIPPs”) or created addendums to address these requirements. Regulations were also in effect for outbreaks (Section 3205.1), employer-provided housing (Section 3205.2), and transportation (Section 3205.3).
What requirements remain in effect?
The regulations state that Subsection 3205(j) continues to apply until February 3, 2026. This subsection requires employers to keep a record of and track all COVID-19 cases with the employee’s name, where the employee worked, the date of the last day at the workplace, and the date of the positive diagnosis. While this recordkeeping requirement will sunset in one year, employers should note that these tracking records are required to be retained for two years beyond the date in which the record is required to be kept. Employers should also ensure any personal identifying information in these records is kept confidential unless disclosure is required or permitted by law (e.g., when requested by the California Department of Public Health or a local health department).
Companies are also still required to maintain notices to employees required under Subsection 3205(e) of the California Labor Code, but that section itself sunset at the start of 2024, meaning there is no ongoing regulatory requirement to provide notice to employees of COVID-19 cases in the workplace.
What does this mean for California companies?
Effective February 3, 2025, companies operating in California no longer must implement the strict regulatory provisions of the non-emergency COVID-19 workplace regulations bar the above-referenced recordkeeping requirements. This includes the prior requirements applicable to outbreaks, employer-provided housing, and transportation. What this means for employers is that they now have the choice to revisit their COVID-19 policies and revise those policies to be more flexible to the needs of their workplace. As stated by Cal/OSHA, companies will still need to maintain an effective IIPP that corrects unsafe or unhealthy working conditions tied to COVID-19, if COVID-19 is identified as a workplace hazard. Companies should also review any County or local requirements prior to revising their policies, should any local oversight agency continue to have obligations in place.
As for what is next, the COVID-19 pandemic revitalized discussions on whether a more general infectious disease workplace standard should be implemented, versus standards specific to a single disease. While there are currently no such rules proposed, it is anticipated that some action may occur later in 2025 or early 2026. We will continue to monitor these and other workplace health and safety developments on the Corporate Environmental Lawyer blog.
[View source.]
https://www.jdsupra.com/legalnews/california-sunsets-majority-of-non-9687508/
