The California Department of Public Health (CDPH) issued updates on March 3, 2023, that will impact Cal/OSHA’s non-emergency COVID-19 prevention regulation on two issues: Isolation and Quarantine and Face Coverings. The update on Isolation and Quarantine became effective on March 13, 2023, and the face covering update becomes effective on April 3, 2023. The update on Isolation and Quarantine brings California into alignment with recommendations from the Centers for Disease Control.
Isolation and Quarantine
· Individuals who have tested positive for COVID-19 should continue to isolate for five (5) days but may leave isolation after five (5) days, if they are feeling well, symptoms are improving and are fever-free for 24 hours. Notably, COVID-19 cases do not need to test negative after day five to leave isolation.
· The definition of “Infectious period” was revised and is now defined as:
· For symptomatic confirmed cases, two days before the case had any symptoms (symptom onset date is Day 0) through Days 5-10 after symptoms first appeared AND 24 hours have passed with no fever, without the use of fever-reducing medications, and symptoms have improved; OR
· For asymptomatic confirmed cases, two days before the positive specimen collection date (collection date is Day 0) through Day 5 after positive specimen collection date for their first positive COVID-19 test.
· Cal/OSHA’s COVID-19 Prevention and Non-Emergency regulations specifically incorporates these definitions so this latest revision will impact an employer’s Return-to-Work policies – essentially making it easier for employees to return to work after 5 days if they have improving symptoms and are fever free.
Face coverings
· CDPH’s updated face-covering guidance specifies that individuals must continue to follow their requirements through April 2, 2023 after which they will become recommendations.
· Though the CDPH is relaxing its masking guidance, Cal/OSHA’s COVID-19 regulation still specifically requires employees to wear face coverings in certain circumstances. For example, the regulation specifies that COVID-19 cases must wear face a face covering in the workplace until 10 days have passed since the date symptoms began or their first positive test.
· While Cal/OSHA’s regulation specifically incorporates the CDPG’s definition of “infectious period”, the new CDPH guidance allowing COVID-19 cases to remove their masks after two sequential negative tests doesn’t appear to impact the regulation’s 10-day requirement which means employers will need to follow the regulation’s current face covering requirements as written.
Cal/OSHA updated their non-emergency regulation on March 13, 2023 to address CDPH’s changes. Cal/OSHA’s revised guidance adopts CDPH’s definition of infectious period meaning COVID-19 cases can return to work after five days without a negative test (so long as they are feeling well, symptoms are improving and are fever-free for 24 hours).
However, Cal/OSHA’s guidance maintains that COVID-19 cases that return to work must wear a face covering for ten days after symptoms first appear or their first positive test.
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MARK SMITH
Smith Policy Group
1001 K Street, 6th Floor
Sacramento, CA 95814
(916) 335-5072