Because this change is reflected as a change to the definition of “infectious period,” it automatically applies to the workplaces and the new Cal/OSHA non-emergency COVID-19 regulation. That’s because the new regulation definition of “infectious period” states that it applies “unless otherwise defined by CDPH regulation or order, in which case the CDPH definition shall apply.” Therefore, the new definition automatically applies to the Cal/OSHA regulation without any additional action necessary. The bottom line for employers is that if you have an employee who is excluded from work as a COVID-19 case, they now may return after Day 5 without a negative test as long as they are symptom-free (or any symptoms are mild and improving) and they are fever-free for 24 hours. 2. Reduced Masking with Two Sequential Negative Tests The second major change made by the updated guidance relates to face-covering requirements for COVID-19 cases. Under the previous guidance, those returning from COVID-19 isolation had to wear face coverings around others for 10 days. However, CDPH now says that they may remove their mask sooner than Day 10 after ending isolation if they have two sequential negative tests at least one day apart. (Close contacts must still wear face coverings for 10 days.) However, this change will not automatically apply to workplaces as they comply with the Cal/OSHA non-emergency COVID-19 regulation. That’s because the 10-day face-covering requirement is specifically written into the Cal/OSHA regulation without qualifying language that it will change with any changes made by CDPH. It would only apply to workplaces if it is formally amended by the Cal/OSHA Standards Board or the Governor takes some other form of extraordinary action. Cal/OSHA confirmed this with updates to their FAQs issued on March 13. Table 1 of the exclusion requirements for COVID-19 cases maintains the 10-day face-covering requirement with no reference to the CDPH guidance permitting reduced masking with two sequential negative tests. Therefore, employers should continue to require COVID-19 cases that return to the workplace to wear face coverings for a full 10 days until further notice. NEXT STEPS Effective March 13, California employers can allow COVID-19 cases to return to work after Day 5 without a negative test as long as they are symptom-free (or any symptoms are mild and improving) and they are fever-free for 24 hours. However, despite other changes to the CDPH guidance, California employers should continue to require such employees to wear masks for a full 10 days (until further notice). ARE YOU IN COMPLIANCE? If you feel behind, don’t worry — Fisher Phillips can help. Fisher Phillips has prepared a completely new compliance packet for this new regulation, which includes everything you need to implement and comply with the new standard — including sample written IIPP procedures, template notices and other documentation, and training materials. If you are a current firm client, please contact your Fisher Phillips attorney to purchase the compliance packet. If you are not a firm client, you can email your purchase request to CalOSHAPackets@fisherphillips.com. CONCLUSION Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. Fisher Phillips continues to monitor the rapidly developing COVID-19 situation and will provide updates as appropriate. If you have further questions on how to comply, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in any one of our six California offices. The Fisher Phillips Automotive Dealership Team has represented automobile and other vehicle dealers and dealer groups nationwide for over half a century. When you call us for advice, you instantly tap into decades of experience dealing with your industry and the resources of a firm exclusively devoted to labor and employment law. Our long and close association with the retail automobile industry uniquely positions us to help you solve your employee problems with minimal disruption. Call us today at 858.597.9600. NCDA.COM 23
RkJQdWJsaXNoZXIy ODQxMjUw