On December 16, 2021, Cal/OSHA readopted a revised version of the COVID-19 Emergency Temporary Standards (ETS), which will take effect January 14, 2022, and will remain in effect until April 14, 2022. Read more about these updated requirements here.

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However, in response to the Omicron variant surge, both the California Department of Public Health (CDPH) and Los Angeles County Department of Public Health (LADPH) have imposed requirements that supersede some of the guidance outlined in the December 16 ETS.

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Notably:

• California extended its universal masking requirement through February 15, 2022;
• Los Angeles County required employers to provide select employees with compliant face coverings; and
• California adjusted its quarantine and isolation requirements for employees who test positive for or are exposed to COVID-19.

Read more about these updated requirements below.

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California Department of Public Health: Extended Indoor Masking Requirement

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On January 5, 2022, the CDPH extended the state’s universal indoor masking requirement through February 15, 2022. The order requires masks to be worn in all public indoor settings, regardless of vaccination status. Click here to access the full order.

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LA County Requires Employers to Provide Some Employees with Compliant Face Coverings

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Also on January 5, 2022, the LADPH issued an updated order requiring employers to provide employees who work indoors and in close contact with other workers or the public with compliant face coverings. Employees must be required to wear a compliant face covering—which may be a well-fitting medical grade mask, surgical mask, or higher-level respirator (such as an N95 or KN95)—at all times when indoors at the worksite or facility.

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The updated order also requires masks to be worn indoors at “Cardrooms,” and adjusts some requirements for Mega Events and other large venues. Click here to access the full order.

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California Department of Public Health: Adjusted Quarantine Requirements

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In December, Cal/OSHA readopted and revised the state’s COVID-19 Emergency Temporary Standards, notably adjusting quarantine requirements for vaccinated and unvaccinated employees. However, shortly after, the CDPH issued updated isolation and quarantine requirements that supersede those outlined in the December 2021 ETS.

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Beginning on January 14, 2022, employers who are subject to Cal/OSHA’s ETS must follow the CDPH’s quarantine and isolation guidance which, as of January 8, 2022, is outlined below:

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When an employee tests positive for COVID-19, regardless of the employee’s vaccination status, previous infection, or lack of symptoms, the employee must adhere to the following guidance:

• Stay home for at least 5 days.
• Isolation can end after day 5 if symptoms are not present or are resolving and a diagnostic specimen collected on day 5 or later tests negative.
• If unable to test or choosing not to test, and symptoms are not present or are resolving, isolation can end after day 10.
• If fever is present, isolation should be continued until fever resolves.
• If symptoms, other than fever, are not resolving continue to isolate until symptoms are resolving or until after day 10.
• Wear a well-fitting mask around others for a total of 10 days, especially in indoor settings.

When an employee is exposed to someone with COVID-19, and is either unvaccinated or vaccinated and booster-eligible but has not received their booster dose,* the employee must adhere to the following guidance:

• Stay home for at least 5 days, after your last contact with a person who has COVID-19.
• Test on day 5.
• Quarantine can end after day 5 if symptoms are not present and a diagnostic specimen collected on day 5 or later tests negative.
• If unable to test or choosing not to test, and symptoms are not present, quarantine can end after day 10.
• Wear a well-fitting mask around others for a total of 10 days, especially in indoor settings.
• Strongly encouraged to get vaccinated or boosted.
• If testing positive, follow isolation recommendations above.
• If symptoms develop, test and stay home.

* In a workplace setting, asymptomatic employees that are vaccinated and booster-eligible but have not received their booster dose are not required to stay home from work if:

• A negative diagnostic test is obtained within 3-5 days after last exposure to a case
• Employee wears a well-fitting mask around others for a total of 10 days
• Employee continues to have no symptoms.

When an employee is exposed to someone with COVID-19, and is either boosted or vaccinated, but not yet booster-eligible, the employee must adhere to the following guidance:

• Test on day 5. 
• Wear a well-fitting mask around others for 10 days, especially in indoor settings.
• If testing positive, follow isolation recommendations above.
• If symptoms develop, test and stay home. 

Employers should refer to the CDC’s COVID-19 Booster Shots page to determine who is booster-eligible. Click here to access the CDPH’s updated isolation and quarantine order.

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Resources for California Employers

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Click here to access California’s updated masking requirements.

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Click here to access LA County’s updated masking requirements.

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Click here to access California’s updated isolation and quarantine guidance.

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Read more about Cal/OSHA’s recently updated ETS.

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If you have questions regarding the application of any of the updated COVID-19 prevention recommendations and mandates to your business, please contact one of the following attorneys in The Maloney Firm’s Employment Law Department: Patrick Maloney, Lisa Von Eschen, Samantha Botros, or Nicholas Grether.

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