OSHA Requirements for Employers in the COVID-19 Era – CA and Federal

OSHA Requirements for Employers in the COVID-19 Era – CA and Federal

In the wake of the COVID-19 pandemic, Cal/OSHA and federal OSHA have imposed a myriad of guidelines and requirements to help employers maintain a safe work environment.

Cal/OSHA Requirements

On June 18, 2020, Cal/OSHA mandated that employers seeking to re-open office workspaces must: (1) perform a detailed risk assessment and create a site-specific protection plan; (2) train employees on how to limit the spread of COVID-19; (3) set up individual control measures and screenings; (4) put disinfection protocols in place; and (5) establish physical distancing guidelines. Cal/OSHA also requires that employers update their Injury and Illness Prevention Plan (IIPP) to include infection prevention measures that include providing sick leave, providing cloth-face coverings, establishing procedures to routinely disinfect commonly touched objects, and infection response plans in case an employee is confirmed to have a COVID-19 infection, among other requirements.

Cal/OSHA also imposed new guidelines for employers on reporting and recording requirements relating to COVID-19 cases. California employers must report to Cal/OSHA any serious illness, serious injury, or death of an employee that occurred at work or in connection with work within 8 hours (24 hours maximum, if 8 hours is not possible) from when they knew or should have known of the illness, without making a determination about work-relatedness. In the context of COVID-19, serious illness includes in-patient hospitalization, other than medical observation or diagnostic testing. If the workplace injury or illness is not serious, but the employee lost time from work beyond the date of injury or illness, or if the employee requires medical attention beyond first aid, then employers must report the incident to Cal/OSHA within 5 days of when they learn or should have known about it. Further, California employers that are required to record work-related illnesses, injuries, and deaths must also record work-related COVID-19 deaths or illnesses, like any other occupational illness.

Federal OSHA Requirements

Federal OSHA has stated that "there is no specific OSHA standard covering SARS-CoV-2 exposure." Even so, some OSHA requirements may apply to preventing occupational exposure to COVID-19, including: (1) OSHA’s PPE standard; and (2) the General Duty Clause, which requires employers to furnish each worker "employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm." In its published guidance on preparing workplaces for COVID-19, OSHA recommends that employers: (1) develop an infectious disease preparedness and response plan; (2) prepare to implement basic infection prevention measures; (3) develop policies and procedures for prompt identification and isolation of sick people; (4) develop, implement, and communicate about workplace flexibilities and protections; and (5) implement workplace controls. OSHA's guidance on recording COVID-19 cases is available here.