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COVID-19 Workplace Rules Linger For California Employers Even Absent a COVID-19 Emergency
Mar 29, 2023

COVID-19 Workplace Rules Linger For California Employers Even Absent a COVID-19 Emergency

Topics: COVID-19

Effective February 3, 2023 and in place until February 3, 2025, Cal-OSHA’s Non-Emergency Regulations direct all employers to continue to follow certain COVID-19 guidance. As a result, employers should vigilantly monitor the California Department of Public Health’s (CDPH) ever-changing protocols.

For example, earlier this month, the CDPH made changes that impact workplace protocols, including:

Face coverings: Effective April 3, 2023, face coverings, while recommended, will no longer be required in any setting, including health care. Nevertheless, the CDPH continues to recommend face coverings in many settings. And, employees who meet the conditions to return to the workplace less than 10 days after testing positive for COVID-19, must wear a face covering for a total of 10 days.

Infectious period: CDPH changed this definition, effective March 13, 2023, which impacts any notification obligations of an employer who learns of COVID-19 in the workplace. The new definition is:  

  • For symptomatic confirmed cases - 2 days before the person had any symptoms through days 5–10 except, starting any time after day 5, the infectious period ends if the person has no fever for 24 hours and symptoms have improved.  
  • After day 10, the infectious period ends if the COVID-19 case has no fever for 24 hours, whether or not other symptoms are improving.
  • For asymptomatic confirmed cases, 2 days before the person tested positive through day 5 after the positive test.

California’s employers are encouraged to update their Injury and Illness Prevention Plan as it applies to COVID-19  and may wish to consult with their favorite CDF attorney when making the update to ensure compliance.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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