California Is Easing Some COVID-19 Notice Requirements But Not All!
While the rest of the nation has moved on from COVID-19 workplace regulations, California employers still have some compliance obligations. For instance, some of the Cal/OSHA non-emergency COVID-19 regulations will remain on the books until February 3, 2025. The new year will bring the expiration of certain statutory COVID-19 notification requirements, other notice obligations under the Cal/OSHA regulation will stay in effect.
What’s Expiring?
The Labor Code required California employers to post a notice in the workplace containing specific information if there was a confirmed COVID-19 cast on the worksite during the individual’s or employee’s infectious period. Also, the employer may provide individual written notices to all employees that were on the premises at the time the ‘infected’ individual was there.
The code also required California employers to provide written notice to employee unions regarding COVID-19 cases and close contacts.
The statute above is only effective until January 1, 2024. The Legislature did not extend these provisions of the statue, so the statutory notice obligations will expire December 31, 2023.
But, some CAL/OSHA Notice Requirements Do Remain in Effect
California employers do need to remember certain notice requirements contained in the non-emergency regulations remain in effect until February 3, 2025.
The specific notice requirements include:
- If excluding an employee from the workplace due to COVID-19 or a close contact, California employers must give the employee information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. This includes any benefits available under legally mandated sick leave, if applicable, workers' compensation law, local governmental requirements, the employer's own leave policies, and leave guaranteed by contract
- California employers are required to notify employees and independent contractors who had a close contact, as well as any employer with an employee who had a close contact, as soon as possible
More specifics can be found at California COVID-19 Prevention Non-Emergency Regulations.
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