As of February 3, 2025, most of the Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations have formally come to an end, giving employers flexibility in how they approach COVID-19 in the workplace. However, subsection 3205(j) of the regulations remains in effect, which means that employers must continue to comply with the reporting and recordkeeping requirements.
Record-Keeping
The non-emergency rule that employers must notify employees who have had a close contact officially sunset yesterday. However, the requirement that employers track and retain COVID-19 case records remains in effect through February 3, 2026. Such records must include the employee’s name, contact information, occupation, location where the employee worked, the date of the last day at the workplace, and the date of the positive COVID-19 test and/or diagnosis. Employers must retain these records for at least 2 years. The provision further requires that the information on COVID-19 cases be provided to the local health department with jurisdiction over the specific workplace, the California Department of Public Health, and Cal/OSHA, immediately upon request and when required by law. In sum, employers should continue to log COVID-19 case details and continue to maintain accurate records to ensure compliance with their obligations under subsection 3205(j).
Even though most of the Cal/OSHA’s COVID-19 regulations’ mandates have sunset, employers should continue to provide a safe workplace and maintain effective Injury and Illness Prevention Plans. CDF encourages employers to regularly review guidance from Cal/OSHA, the California Department of Public Health, and the CDC to address workplace health risks effectively. Regularly updating policies, communicating changes to employees, and maintaining flexibility in response to potential outbreaks or future health crises are good practices for employers to follow.
