CALIFORNIA CHANGES COVID-19 ISOLATION REQUIREMENTS California public health officials just issued updated COVID‑19 isolation guidance that, at first blush, seems to smooth the way for simpler workplace compliance obligations. But the Department of Public Health’s (CDPH) guidance, released March 3 and clarified through a series of FAQs updated, doesn’t completely change the way you should implement the new Cal/OSHA non-emergency COVID‑19 regulation at your workplace. While the first change that eliminates the testing requirement for those returning to work after five days will apply to your workplace, a second change related to potential shorter mask-wearing for such individuals will not impact the Cal/OSHA rules — for now. What do you need to know about the changes and what should you do? THE DETAILS AND TIMING By now, California employers are likely used to the ongoing saga of changing COVID-19 guidance issued by the state and how it impacts their operations. The most recent significant news of note occurred last month when the new Cal/OSHA COVID-19 regulation was approved and officially took effect. The rollercoaster continued on March 3 when CDPH issued a new updated Guidance on Isolation and Quarantine and a related updated State Public Health Officer Order. These new changes and documents went into effect on March 13. Employers had hoped that the February COVID-19 regulation would put an end to the constant shifts in the guidance they have endured the past three years. After all, unlike the ETS of years past, the nonemergency regulation is in effect until 2025. But there’s mixed news with this latest guidance. In an attempt to stay current with guidance, some — but not all — of the provisions of the non-emergency standard are written automatically to align with whatever the current CDPH guidance is at the time. Unfortunately, that automatic alignment only applies to one of the two changes announced by CDPH on March 3. WHAT’S CHANGING? AND DOES IT APPLY TO WORKPLACES? The updated CDPH guidance makes two changes to isolation requirements for individuals with COVID-19: 1. No More Testing Requirement at Day 5 for COVID‑19 Cases First, the CDPH guidance now eliminates the testing obligation that previously required a COVID-19 to test negative on Day 5 in order to leave isolation. The new guidance is now in line with federal CDC recommendations and provides that isolation can end after Day 5 if: • Symptoms are not present, or are mild and improving; AND • The individual is fever-free for 24 hours (without the use of fever-reducing medication). What Do Employers Need to Know? By BENJAMIN M. EBBINK, Partner, and ABBY HARRINGTON PUTZULU, Associate, Fisher Phillips 22 SAN DIEGO DEALER
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