California's New COVID Rules

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California regulators on June 18th approved revised worksite pandemic rules - here is what you need to know:

  • Employees vaccinated for COVID-19 DO NOT have to wear a facemask to work

  • Masks are still required for unvaccinated workers

  • Employers have to verify and have record of vaccinated employees

  • Students in indoor classrooms must wear masks

  • “Social Distancing” rules have been eliminated

  • Starting July 31, N95 or other NIOSH approved respirators must be available to unvaccinated employees for voluntary use

  • If a workplace has three or more COVID cases within a 14-day period or 20 or more cases with a 30-day period they must contact a local public health facility and enforce social distancing

FAQ’s:

What about employees who refuse to get vaccinated? You cannot have employees take a COVID-19 test everyday, but can require masks in the workplace.

Who should be informed about vaccination status? Those who need to know: HR, direct supervisors, etc.

What about medical confidentiality? People are not naïve. They will know who is vaccinated and who is not based on who is wearing a mask, but you must still guard the information - neither confirm nor deny.

What about employees with allergies who show some symptoms similar to COVID? Can you require them to go home? You can ask these employees to take a test, but can also require a mask.

Can employers use an honor system for vaccination proof? Yes ,and you can ask for their vaccination card to make copies of it. Again, keep it confidential and store copies separate from employee files.

What if an employer is mandating COVID-19 vaccines, but the employee refuses. What can you do? If the employee does not have a medical or religious reason, you are legally allowed to let them go, but tread lightly as there are several court cases currently being heard regarding these kinds of terminations.

Steps employers need to take:

  • Find out which employees have been vaccinated and which have not

  • Update your written COVID-19 prevention program (CAL/OSHA will come in and ask for documentation and COVID-19 updated policies)

  • Offer COVID-19 testing to any employee who may have been exposed unless the person is fully vaccinated or has COVID-19 and remains symptom free

  • Determine what persons have had close contact with a positive COVID case during a high risk period

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