On December 14, 2020, Governor Newsom issued an Executive Order that potentially reduces the quarantine exclusion period for COVID-19 exposed employees that was initially established by Cal/OSHA's most recent Emergency Temporary Standards (ETS). While other elements of the ETS remain in force, the governor's executive order incorporates the California Department of Public Health's (CDPH) recently updated COVID-19 Quarantine Guidance when establishing the quarantine period for exposed employees.
Under the existing Cal/OSHA ETS, employers are required to exclude employees who have been exposed to COVID-19 in the workplace for “14 days after the last known COVID-19 exposure to a COVID-19 case.”
10 Day Quarantine Period for Asymptomatic Exposures
The new CDPH Quarantine Guidance notes that asymptomatic exposed employees may discontinue quarantine 10 days from the date of last exposure.
However, the Executive Order states that the quarantine period is to be the longer of either the updated CDPH guidance "or any applicable quarantine or isolation period recommended or ordered by a local health officer who has jurisdiction over the workplace.”
Local health jurisdictions may be more restrictive than the new guidelines provided by the CDPH. In that case, employers in those jurisdictions would need to comply with the more stringent local health authority’s guidelines.
7 Day Quarantine Period for Certain Essential Healthcare Workers
During "critical staffing shortages when there are not enough staff to provide safe patient care," the following essential critical infrastructure workers may return to work after 7 days from the date of last exposure:
- Exposed asymptomatic health care workers; and
- Exposed asymptomatic emergency response and social service workers who work face to face with clients in the child welfare system or in assisted living facilities.
Workers may only return to work after seven days if they receive a negative PCR test from a specimen collected after Day 5.
Additional Required Safeguards and Protocols
Asymptomatic employees returning to work under an earlier timeframe are required to follow these additional protocols through Day 14:
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Adhere strictly to all recommended non-pharmaceutical interventions, including wearing face coverings at all times, maintaining a distance of at least 6 feet from others and the interventions required below, through Day 14.
- Use surgical face masks at all times during work for those returning after Day 7 and continue to use face coverings when outside the home through Day 14 after last exposure.
- Self-monitor for COVID-19 symptoms through Day 14 and if symptoms occur, immediately self-isolate and contact their local public health department or healthcare provider and seek testing.
What You Should Do Next
- Monitor local public health orders to determine if the local quarantine period is inline with the CDPH guidelines.
- If so, revise your protocols and procedures to reflect the new guidance.
While implementation of the the Cal/OSHA regulations continues to place a hardship on employers’ time and resources, this new quarantine timeline has potential to provide some relief by reducing the time period for which an employer must “continue earnings” for an exposed employee excluded from the workplace.
For more detailed information on the original Cal/OSHA Emergency Temporary Standards, please reference our initial email on the topic or access additional resources on Morris & Garritano's Return to Work webpage.
Please do not hesitate to reach out to our office for questions regarding Cal/OSHA compliance or other employer obligations.
