California’s COVID workplace rule is changing. Why some businesses say it’s not feasible
A Cal-OSHA board is making several adjustments to California’s COVID-19 workplace safety rule, such as requiring fully vaccinated asymptomatic workers to wear masks and practice social distancing for 14 days after their last exposure to COVID-19.
The revisions also clarify the definition of a face covering and a coronavirus test, while still requiring companies to continue to pay and retain workers who self-quarantine due to their exposure to COVID-19. Those who are not fully vaccinated and working indoors can still ask for N95 masks.
“COVID-19 transmission in the workplace is a major concern because workers and others can be together indoors for an extended amount of time,” said Eric Berg, deputy chief of Cal-OSHA. “(The rule) provides those protections against one of the greatest workplace hazards we’ve seen since the establishment of Cal-OSHA nearly 50 years ago.”
The changes will be in effect by mid-January. The board approved the changes on a 6-1 vote.
The rule now defines face coverings as masks that “do not let light pass through when held up to a light source.” Gaiters would qualify if they have or can be folded to have two layers of fabric.
COVID tests must now be “observed by the employer or an authorized telehealth proctor.” Employers will also need to provide testing to fully vaccinated asymptomatic workers at no cost during paid time if they were exposed to the virus.
Labor groups urged the board to approve the rule and its revisions, saying fully vaccinated workers can still spread the virus and workplaces need to have certain social distancing and masking provisions in place. They also noted the omicron variant which is gaining a foothold in California.
“So far, the indication is that omicron is far more able to get around vaccination than other variants,” said Mitch Steiger at the California Labor Federation. “Numbers so far are incredibly scary about the winter surge coming.”
Why businesses oppose COVID rule
Business groups said some of the changes approved could cause confusion in workplaces. Some speakers held up their cloth masks, saying those will now be not compliant with the rule since some light can pass through them.
The rule could hit industries such as film and agriculture especially hard, their representatives said.
“We believe it’s an unnecessary and suboptimal response to COVID-19,” said Bryan Little at the California Farm Bureau Federation which represents agricultural employers.
A provision requiring fully vaccinated workers to practice physical distancing if they were exposed to COVID-19 could cause problems in the film industry, said Melissa Patack, vice president of state government affairs at the Motion Picture Association of America. “Those who work closely with actors… cannot maintain six feet of distancing from actors while doing their work.”
Will public health rules change?
Some groups questioned whether California’s COVID workplace rule is necessary. The board in January could hear a petition asking Cal-OSHA to simply enforce guidance issued by the California Department of Public Health, saying doing so will allow workplaces to have more flexibility and better adopt to the evolving science around COVID-19.
“We don’t know what’s going to happen in two years,” said Helen Cleary, director of the Phylmar Regulatory Roundtable, a coalition of large businesses.
But worker advocates said they believe in the state’s COVID workplace rule, saying they believe it has saved lives.
“It has saved numerous lives in our workplaces. It saved the family lives of our workers,” said Jassy Grewal, legislative director at the United Food and Commercial Workers Western State Council. “Bad actors need an enforcement mechanism and the enforcement mechanism is the (board’s rule).”
The changes to the rule come as the board is soon expected to vote on a permanent version of the regulation. The revisions also come amid the emergence of the omicron variant, which is believed to be more transmissible, and California’s new indoor masking requirement.
This story was originally published December 16, 2021 at 4:07 PM.
