OSHA Requirements – Effective 2/3/23

Effective: February 3, 2023, OSHA requires the following from ALL Employers for the next two years. Recordkeeping requirements will remain in effect for three years.

  • Employers must provide face coverings and ensure they are worn by employees.
    • HOWEVER, most counties and hotels in California have a low COVID-19 community level, which means employees wearing a mask is optional. But surgical masks or higher-level respirators (N95) should be accessible to employees at all times in case employee chooses to wear one.
    • NOTE: if there is an outbreak whereby 3 or more employees get COVID at the same time, then masks will become mandatory.
  • Employers must report information about major outbreaks, employee deaths, serious injuries, and serious occupational illnesses to Cal/OSHA, consistent with existing regulations.
  • Employers must make COVID-19 testing available at no cost and during paid time to employees but ONLY following a close contact.
    • 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 separate 5-minute exposures in 24 hours) during an infected person’s infectious period.
  • Investigate and respond to COVID-19 cases and certain employees after close contact. Notify affected employees of COVID-19 cases in the workplace. Maintain records of COVID-19 cases for at least one year.
  • Employers must exclude COVID-19 positive employees from the workplace until they are no longer an infection risk, and implement policies to prevent transmission after close contact.
  • Employers must review CDPH and Cal/OSHA guidance for Ventilation, Filtration, and Air Quality in Indoor Environments and implement. Some recommendations include: proper use of fans, keeping doors and windows open, maintaining exhaust fans in bathroom and laundry room, closing toilet lids.
  • Provide effective COVID-19 hazard prevention training to employees. Identify COVID-19 health hazards and develop methods to prevent transmission in the workplace.
  • Employers are required to have a written Injury and Illness Prevention Program plan (IIPP) which includes your COVID-19 procedures pursuant to the above requirements.

Should you need assistance in drafting the required IIPP plan, feel free to reach out to Pooja Patel at ppatel@dpalaw.com.