The Occupational Safety and Health Standards Board (Cal-OSHA board that sets regulations) will be taking action on an emergency COVID standard that could take effect, if adopted, by  as early as December 1st. The Board meets November 19th to file the new Standard and forward to the Office of Adminstrative Law (OAL) – they have 10 calendar days to review.  If approved the standard would become effective immediately and continue for 180 days, with 60 day extensions.  During the 180 days the Board may continue with rulemaking action, including a public comment period.

NCSC Director, Linda Kjesbu, will be ‘attending’ the November 19 meeting.  The meeting for emergency rulemaking will accept public comment but any of these comments will not be submitted to OAL.  Public comment that may affect changes to law, would follow the effective date of the emergency regulations, during the 180 day period - NCSC will plan on attending this meeting to help bring your concerns to the Board. 

NCSC would like to invite you to offer your input to represent employer views on the emergency regulation.  Please forward your comments to ncsc@norcalsafety.com  and we will compile and present those to the Board.

The proposed regulation – a new section to Title 8, 3205 – follows much of what employers are already doing as contained in your COVID Exposure Plans (and Humboldt County Reopening plans required of all businesses).  However, they have added both “Multiple Outbreak” and “Major Outbreak” procedures – Multiple Outbreak defined as 3 or more, and Major Outbreak defined as 20 or more.  Some of those particular changes relate to notifying Public Health, and what information would be provided to them. These new rules would also provide for policies or procedures that address accommodations for employees at high risk, providing employees with information on access to COVID testing, doing a hazard assessment of interactions, tools used, tasks, etc. that could expose an employee, as well as return to work criteria.

For Members, NCSC will be contacting members to review and update existing COVID Exposure Plans.  This is provided as part of your membership.  If any of our non-member clients wish to have a consultation on developing a written program and setting up procedures for compliance with the new Standard, please drop us an email or a phone call, and we’d be happy to go over and setup your compliance with the new COVID Standard.

As of September 17, 2020 a new statute has been added to the Labor Code in response (in part) to COVID 19. This law goes into effect January 1, 2021.  Though it is not in Title 8 (Cal-OSHA safety rules), it will have a far reaching impact on employers through Cal-OSHA.  The rule deals with employee notifications, including notification of hazards and exposures, but also gives Cal-OSHA expanded powers in enforcement. 
  
NCSC is providing a luncheon seminar on the new law, as well as taking any questions employers may have on other compliance issues related to COVID 19.