COVID-19 Prevention Non-Emergency Regulations
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.
On December 15, 2022, the Occupational Safety and Health Standards Board voted to adopt non-emergency COVID-19 prevention regulations. These regulations took effect on February 3, 2023 and will remain in effect for two years after the effective date, except for the recordkeeping subsections that will remain in effect for three years.
These regulations include some of the same requirements found in the COVID-19 Prevention Emergency Temporary Standards (ETS), as well as new provisions aimed at making it easier for employers to provide consistent protections to workers and allow for flexibility if changes are made to guidance in the future from the California Department of Public Health.
Note: These regulations apply to most workers in California who are not covered by the Aerosol Transmissible Diseases standard.
Non-Emergency Standards
Non-Emergency Standards: Effective February 3, 2023- COVID-19 Prevention – Non-Emergency Standards
Fact Sheets
- COVID-19 Prevention Non-Emergency Regulations – What Employers Need to Know - Updated May 22, 2024
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FAQs
COVID-19 Model Prevention Procedures
- COVID-19 Model Prevention Procedures - Updated May 22, 2024
(Fillable Word) English
Resources
- COVID-19 Prevention Emergency Temporary Standards (expired February 2023)
- Contact Cal/OSHA
May 2024