CDPH updates to COVID-19 outbreaks and masking

Last Updated 6/30/2023


Effective June 20, 2023, the California Department of Public Health (CDPH) has issued new guidance on COVID-19 workplace outbreaks and masking recommendations in a newly released public health order.

Outbreaks: The CDPH has updated its outbreak definition in non-healthcare settings, for the purpose of determining when employee COVID-19 cases are part of an exposed group. 

  •  “Outbreak” is now defined ​​as: At least three COVID-19 cases during a 7-day period.

Previously, an outbreak was classified as three or more COVID-19 cases among employees in an exposed group within a 14-day period. This update brings the CDPH outbreak definition for non-healthcare settings into alignment with updated Council of State and Territorial Epidemiologists’ definitions as well as CDPH’s current healthcare outbreak definition and reflects the shortened incubation period noted with the Omicron variant (average 3.4 days) compared to earlier variants.

As you may know, Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations directly follow the CDPH’s orders, so Cal/OSHA has now updated its FAQs to mirror the new CDPH definition of outbreak.

Masking: The CDPH public health order referred Californians to consult face covering recommendations in its May, 2023 publication entitled Get the Most Out of Masking​.  Topics covered in its tips and resources include information on: comparing masks vs. respirators, when masks should be worn, characteristics of a good mask, N95, KN95, KF94 respirators, medical masks, cloth masks and masks for children.

Californians should now wear masks:

  • Around others if you have respiratory symptoms (e.g., cough, runny nose, and/or sore throat),
  • If you've had a significant exposure to someone who has tested positive for COVID-19, wear a mask for 10 days.  
  • ​If you test positive for COVID-19, see guidance for mask wearing in the CDPH Guidance for Isolation and Quarantine of the General Public​

​In high-risk settings it may be important to wear a mask:

  • ​In indoor public settings where people who are older or have medical conditions that put them at higher risk of severe illness may reside or are cared for (such as hospitals, skilled nursing facilities, and long term-care facilities).
  • In crowded indoor public settings that may have poor ventilation, including public transportation and other congregate settings. 

At home, a higher level of protection is important, such as when:

  • You are providing care for someone who is sick with or who may have been exposed to someone with COVID-19 or another respiratory infection.
  • You live in a household with someone who is suspected of having or has COVID-19 or another respiratory infection.​

The CDPH will continue to offer public health recommendations and guidance related to COVID-19 based on the scientific evidence and epidemiological data, and Rosasco Law Group will be there when it happens, ready to give you the latest information for your workplace.

Successful arbitration can bar additional claims on the ... In a win for employers, the California Court of Appeals in Rodriguez v. Lawrence Equipment, Inc . recently found that issue preclusion p...
National Labor Relations Board bars captive-audience mee... Employers should be aware of the recent news coming out of the National Labor Relations Board for the next time any meeting is held at y...
RLG Promotes Mike Blankinship to PartnerWe are thrilled to announce the promotion of Mike Blankinship to Partner at Rosasco Law Group APC, effective June 2024. Mike Blankinship...
Spotlight on Legislation: AB 2123 and Paid Family LeaveWe previously reported on various newly enacted bills of interest to employers, signed last month by California Governor Gavin Newsom, m...