“Our revels now are ended”: Bidding farewell to COVID-19 regulations
Almost five years post COVID-19 pandemic, employers can say goodbye to the Cal/OSHA COVID-19 prevention regulations…for the most part.
February 3, 2025, marks the last day that most of the regulations relating to Cal/OSHA’s COVID‑19 Prevention Non-Emergency Regulations are in effect. Since the beginning of the pandemic, these rules have been updated periodically to reflect the evolving situation. Employers have been monitoring and adjusting their workplace situations to account for these changes. This latest almost total let-up of the guidelines will help employers have to deal with at least one less concern in their busy schedules.
As of 2020, the nonemergency standards required employers to address COVID-19 as a workplace hazard under section 3203, to establish, implement, and maintain an effective Injury and Illness Prevention Program either in their written Injury and Illness Prevention Programs or maintained in a separate document. This program mandated such measures as:
- Prevention of COVID-19 transmission and identifying and correcting COVID-19 hazards;
- Training employees regarding COVID-19;
- Implementing procedures to investigate COVID-19 in the workplace;
- Having effective methods and/or procedures for responding to a COVID-19 case at the workplace
Section 3205 explicitly states that subsection (j), relating to reporting and recordkeeping, remains in effect until February 3, 2026. Let’s review those subsection (j) requirements, as they are ones that employers will still have to abide by for another year:
- The employer shall keep a record of and track all COVID-19 cases with the employee's name, contact information, occupation, location where the employee worked, the date of the last day at the workplace, and the date of the positive COVID-19 test and/or COVID-19 diagnosis.
- These records shall be retained for two years beyond the period in which the record is necessary to meet the requirements of this section or sections 3205.1 through 3205.3.
- Employers shall retain the notices required by subsection 3205(e) in accordance with Labor Code section 6409.6 or any successor law.
- Personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by this section or by sections 3205.1 through 3205.3, shall be kept confidential unless disclosure is required or permitted by law. Unredacted information on COVID-19 cases shall be provided to the local health department with jurisdiction over the workplace, CDPH, the Division, and NIOSH immediately upon request, and when required by law.
Questions? Rosasco Law Group is here to help with any and all of your employment law needs, including making sure your workplace is adhering to the requirements of the Injury and Illness Prevention Program and the remaining COVID-19 reporting and recordkeeping regulations.
