COVID’s Rising - A Quick Refresher for Employers

Sourced from the California Chamber of Commerce

Background Check

As of the first week of September, the new Covid variant Eris (or EG.5) is responsible for 21.5 percent of COVID-19 cases in the U.S., according to the U.S. Centers for Disease Control and Prevention. The good news is this uptick in both COVID-19 cases and hospitalizations is much lower than previous summers; the bad news is this new variant has a greater ability to bypass people’s immune defenses.

Although the California Division of Occupational Safety and Health’s (Cal/OSHA) two-year, COVID-19 Non-Emergency Standards went into effect on February 3, 2023, which streamlined some of the previous employer requirements, employers still must follow all California orders and guidance (for example, from the California Department of Public Health (CDPH)), as well as all local health departments with jurisdiction over the workplace.

Here are some reminders on what to do if one of your employees says they have COVID-19 or they’ve had close contact with someone who has COVID-19.

 

What Do I Do When an Employee Tests Positive for COVID-19?

Regardless of vaccination status, previous infection or lack of symptoms, all employees who test positive for COVID-19 must be excluded from the workplace for:

  • At least five days after the start of symptom; or
  • After the date of the first positive test if they have no symptoms.

When Can Previously Excluded Employees Come Back to Work?

Employees may return to work after the fifth day if their symptoms are not present or are mild and resolving AND the employee is fever-free for 24 hours without using fever-reducing medication. Employees with a fever cannot return to work until 24 hours after the fever resolves. If their non-fever symptoms are not improving, they cannot return to work until their symptoms resolve or after the 10th day from when they tested positive.

Note: A COVID-19 case who returns to work must wear a face covering until 10 days have passed since the date of symptoms or first positive test. To read more about California’s face covering guidance, employers can review the CDPH’s Get the Most Out of Masking: Tips and Resources.

What Are My Notice Requirements When an Employee Tests Positive?

When a COVID-19 case occurs at the worksite, employers have two choices: displaying a notice or providing written notice.

Employers choosing to display a notice must place it in all places where notices to employees concerning workplace rules or regulations are normally posted. This notice must state the following:

  • The dates on which an employee, or employee of a subcontracted employer, with a confirmed case of COVID-19 was at the worksite within the infectious period.
  • The location of the exposures, including the department, floor, building or other area (without being so specific as to allow individual workers to be identified).
  • Contact information for employees to receive information regarding COVID-19-related benefits to which they may be entitled under applicable federal, state or local laws, including, but not limited to workers' compensation and options for exposed employees (such as company sick leave, state-mandated leave or negotiated leave provisions), as well as antiretaliation and antidiscrimination protections.
  • Contact information for employees to receive the cleaning and disinfection plan the employer is implementing per guidelines of the federal Centers for Disease Control and Prevention and the COVID-19 prevention program per the Cal/OSHA COVID-19 Non-Emergency Standards.

This notice must be posted within one business day from when the employer receives notice of a potential COVID-19 exposure and must remain posted for at least 15 calendar days.

Employers electing to provide written notice must send to all employees and the employers of subcontracted employees who were on the premises at the same worksite as the confirmed COVID-19 case within the infectious period, a notice that they may have been exposed to COVID-19. Written notice may be provided in person, or via email, text message or other form of communication the employer normally uses if it can reasonably be anticipated that the employee will receive it within one business day.

Whether posting a notice at the worksite or sending written notice, the notice must be in both English and any language understood by the majority of employees.

Do I Need to Keep a Record of the Times I Post or Send Notices?

Yes, employers must keep a log of all the dates the COVID-19 exposure notice was posted at each worksite and must allow the Labor Commissioner to access the records. Records of all written notices provided to employees under this law must be kept for at least three years.

What Do I Do When Employees Have “Close Contact” with COVID-19?

Employers don’t have to exclude employees who have close contacts with positive COVID-19 cases, but employers still have to maintain effective policies to prevent COVID-19 transmission by individuals who had close contacts and review current CDPH close contact guidance.

Using the current CDPH definition, close contact means the following:

  • In indoor spaces of 400,000 or fewer cubic feet per floor (such as homes, clinic waiting rooms, airplanes, etc.), close contact is defined as sharing the same indoor airspace for a cumulative total of 15 minutes or more over a 24-hour period (for example, three individual five-minute exposures for a total of 15 minutes) during an infected person's infectious period, regardless of the use of face coverings.
  • In large indoor spaces greater than 400,000 cubic feet per floor (such as open-floor-plan offices, warehouses, large retail stores, manufacturing or food processing facilities), close contact is defined as being within 6 feet of the infected person for a cumulative total of 15 minutes or more over a 24-hour period during the infected person's infectious period, regardless of the use of face coverings.

Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces separated by floor-to-ceiling walls shall be considered distinct indoor spaces.

Close contacts should wear a well-fitting mask around others for a total of 10 days, especially in indoor settings and when near those at higher risk for severe COVID-19 disease. They should also test within three to five days of their last exposure, and if symptoms start to develop, they should test and stay home.

If the CDPH changes the definition of “close contact,” the most recent CDPH definition would apply.

Do I Have to Pay Employees Excluded from Work Due to a Positive Test?

No, exclusion pay requirements were removed from the most recent regulation. However, employers must provide excluded workers with information regarding COVID-19-related benefits to which they may be entitled. For instance, employees who test positive for COVID-19 or are unable to work due to COVID-19 and believe they contracted COVID-19 at work can file a workers’ compensation claim with their employer. Additionally, employees unable to work because they’re infected with COVID-19 may be able to file a Disability Insurance claim.

Keep in mind that COVID-19 Supplemental Paid Sick Leave ended on December 31, 2022. If an employee took unpaid time off due to COVID-19 in 2022, they should be paid for those sick leave hours. In 2023, however, there’s no specific COVID-19 paid leave, but employees who contract COVID-19 can use their California paid sick leave ― if they have any accrued.

Additional Employer Resources

Employers can refresh their knowledge of current COVID-19 protocols and get further assistance with prevention and notification requirements using these resources:

 

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