CAL/OSHA’S COVID-19 PREVENTION NON-EMERGENCY STANDARDS HAVE LARGELY ENDED
As discussed in the January 2023 and March 2023 editions of the ALERT, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) COVID-19 Prevention Non-Emergency Regulations (“Non-Emergency Standards”) became effective on February 3, 2023, with an expected sunset date of February 3, 2025. On February 4, 2025, Cal/OSHA issued a press release confirming that “most” of the requirements under the Non-Emergency Standards expired on February 3, 2025.
1. Employers Are No Longer Required To Document And Follow Certain COVID-19 Prevention Procedures
Under the Non-Emergency Standards, California employers were required to identify their COVID-19 procedures which address COVID-19 as a workplace hazard in either their written Injury and Illness Prevention Program (“IIPP”) or a separate standalone document, similar to the COVID-19 Prevention Program (“CPP”) required under Cal/OSHA’s COVID-19 Emergency Temporary Standards, which were in effect earlier during the pandemic. The Non-Emergency Standards also required employers to follow certain procedures for notifying “close contacts” of potential exposure and for responding to an “outbreak” of three or more COVID-19 cases within an exposed group over a 14-day period. With the sunset of the Non-Emergency Standards, these specific requirements have expired and are no longer required.
2. Remaining COVID-19 Related Obligations
Cal/OSHA’s press release notes that although there is no longer a specific set of COVID-19 prevention regulatory requirements, California employers must still:
• Maintain a safe and healthful place of employment as required by Labor Code Section 6400.
• Establish, implement, and maintain an effective IIPP as required by Title 8, California Code of Regulations, Section 3203.
• Identify, evaluate, and correct any unsafe or unhealthy conditions, work practices, or work procedures associated with COVID-19 if they identify COVID-19 as a workplace hazard at their place of employment.
In addition to the above, certain COVID-19 reporting and recordkeeping requirements under the Non-Emergency Standards remain in effect until February 3, 2026. Under these requirements, employers must:
• Keep a record of and track all COVID-19 cases with 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 COVID-19 diagnosis. Notably, these records must be retained for an additional two years.
• Provide information on COVID-19 cases to the local health department with jurisdiction over the workplace, such as the CDPH, Cal/OSHA, and NIOSH, immediately upon request, and when required by law.
3. Practical Considerations
Employers with an IIPP containing specific COVID-19 related procedures should update their IIPP to eliminate any procedures that are no longer required. Similarly, employers with a standalone CPP are no longer required to maintain the CPP. That said, employers should ensure they continue to comply with the obligations outlined above, especially where COVID-19 is a workplace hazard.
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Robert K. Foster is an Associate with Sheppard, Mullin, Richter & Hampton LLP in the firm’s San Diego (Del Mar) Office. Mr. Foster represents employers in various types of employment litigation, including class action wage and hour claims; PAGA claims; and discrimination, wrongful termination, harassment and retaliation lawsuits. In addition, he also provides strategic advice to employers on a wide range of employment issues, including wage and hour compliance, employee classification, and OSHA matters. He is a frequent contributor to the California Labor and Employment ALERT Newsletter and several other articles and is the co-author of the Employer's Guide to Workplace Violence Prevention.
Robert litigates actions involving trade secret claims, unfair competition and enforcement of restrictive covenants and non-competes. He also handles various commercial litigation disputes, including breach of contract, breach of fiduciary duty, fraud, tortious interference with contract, unfair competition and shareholder derivative claims.