California is Sunsetting Some of Non-Emergency Workplace COVID-19 Requirements

Effective February 3, 2025, companies operating in California no longer must implement the strict regulatory provisions of the non-emergency COVID-19 workplace regulations recordkeeping requirements. This includes the prior requirements applicable to outbreaks, employer-provided housing, and transportation.

COVID-19 Prevention Requirements

With the exception of subsection 3205(j), the COVID-19 Prevention regulations (8 CCR sections 3205, 3205.1, 3205.2, and 3205.3) will remain in effect until February 3, 2025. This means that, as of February 3, 2025, there will no longer be a specific set of regulatory requirements relating to COVID-19 prevention in the workplace. Employers will still be required to maintain a safe and healthful place of employment as required by Labor Code section 6400, and must establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP) as required by Title 8, California Code of Regulations, section 3203. If an employer identifies COVID-19 as a workplace hazard at their place of employment, then the employer must identify, evaluate, and correct any unsafe or unhealthy conditions, work practices, or work procedures that are associated with COVID-19.

Subsection 3205(j), which deals with reporting and recordkeeping, remains in effect until February 3, 2026. It requires that the employer 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. These records must be retained for two years beyond the period in which the record is necessary to meet the requirements of this section. It also requires that information on COVID-19 cases be provided to the local health department with jurisdiction over the workplace, CDPH, the Division, and NIOSH immediately upon request, and when required by law.

Resources

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