While new frequently asked questions (FAQs) in the Cal/OSHA ETS aim to provide clarity for employers on COVID-19 mitigation rules, questions are also being raised as to how they intersect with the state’s new paid sick leave requirements and the lifting of mask mandates for indoor public spaces.
The Cal/OSHA rules have been continually revised during the pandemic, with the most recent FAQs communicating updated quarantine and testing procedures, but it’s important to note that when the state’s mask mandate expires this week, it will apply to many indoor public spaces – but not worksites, Robert Moutrie, policy advocate with the California Chamber of Commerce, told the Northern California Record.
"The FAQs are really the first place that employers should go with questions because Cal/OSHA has really done a pretty good job addressing key issues,” Moutrie said. “Some examples include: (1) How long employers must exclude exposed employees from the workplace depending on their vaccination status; (2) May an employer require employees to provide proof of vaccination status?; or even (3) "May an employer require employees to be vaccinated against COVID-19?"
Moutrie noted the updated FAQs include a chart that employers can look to.
“That explains how long, for example, an employee who is unvaccinated and is exposed at work should be excluded from the workplace, as compared to a vaccinated employee or an employee who tests positive,” Moutrie said. “The chart lays that out as part of the FAQs.”
Meanwhile, CalChamber president Jennifer Barrera last week attended the governor’s signing of legislation that included paid sick leave and reinstituted tax credits for businesses that had been eliminated at the beginning of the pandemic over concerns the state would have a budget crisis.
“We ultimately believe that, as part of the package that was signed by the governor, the tax credits and other pro-business policies put in place make the overall budget package a net win,” Moutrie said.
When the state budget produced a surplus, the credits were restored, Moutrie said.
As for the state’s new indoor mask mandate, Moutrie emphasized the Cal/OSHA criteria applies for workplaces.
“What's important that employers know is that change to the statewide mask mandate does not change their obligations under Cal/OSHA’s COVID-19 regulation regarding masking in the workplace,” Moutrie said. “That is focused on public spaces and not on the workplace setting where employers should continue to look for what the regulation requires.”
Moutrie added that Cal/OSHA is scheduled to revisit the COVID-19 ETS at their March meeting and potentially vote on changes that affect ETS compliance.
“Employers should be aware that Cal/OSHA could make some changes in March, but I do not expect large-scale changes,” Moutrie said. “I would say on the workplace side for employers to keep watching Cal/OSHA and keep watching those FAQs to stay up to date on their obligations – now, but also going into March and April, when the new version is voted on.”