CAL/OSHA Imposes COVID-19 Safety Regulations on Businesses

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On Nov. 19, 2020, Cal/OSHA approved safety regulations imposing new requirements on employers in an effort to keep employees in the workplace safe from the coronavirus. The regulations strengthen and expand many existing safety requirements, and impose new ones. According to California Attorney General Xavier Becerra “… the time is now to establish an enforceable legal standard applicable to workplaces to directly and comprehensively protect workers, their families and the public at large.” Read Mr. Becerra's complete statement here.

There are 10 main parts to the regulations:

1. clarifying scope and definitions;
2. drafting and implementing a COVID-19 prevention program;
3. identifying COVID-19 hazards and correcting them;
4. investigating COVID-19 cases, notifying and testing potentially exposed employees;
5. requiring physical distancing and mask wearing, improving ventilation;
6. denying employees workplace access until quarantine ends, paying employees throughout quarantines;
7. recording, reporting and allowing access to information;
8. reporting all outbreaks to the public health department, providing continuous testing to employees;
9. bed-spacing in employer-provided housing, eliminating bunk beds and disinfecting daily;
10. screening workers before they board employer-provided transportation, requiring distanced seating and face masks.

The temporary regulations can be found here.

Compliance with the regulations is mandatory, specific and detailed. Following is an exhaustive discussion of what's new.

SCOPE AND DEFINITIONS

The regulations apply to: employees and businesses except businesses with one employee who has no contact with other people; employees working from home; and operations covered by California’s Aerosol Transmissible Disease (ATD) standards including employees of various health facilities, emergency responders and other care organizations. Go here for details.

These definitions are taken from the regulations and and will be referred to throughout this section:

• COVID-19: coronavirus, an infectious disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)
• COVID-19 case: a person who:
  • has a positive COVID-19 test as defined in these regulations;
  • is subject to an order to isolate related to COVID-19 issued by a local or state health official;
  • has died due to COVID-19 in the determination of a local health department or per inclusion in the COVID-19 statistics of a county.
  A person is no longer a “COVID-19 case” when a licensed health-care professional determines that he or she does not have COVID-19, in accordance with the recommendations of the California Department of Health (CDPH) or the local health department by authority granted under the Health and Safety Code or Title 17.
• COVID-19 exposure: being within 6 feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high-risk exposure period” as defined in the regulations. This applies regardless of the use of face coverings.
• COVID-19 hazard: exposure to potentially infectious material that may contain SARS-CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols and airborne droplet nuclei, which most commonly result from people exhaling, talking or vocalizing, coughing, sneezing or activities that might aerosolize saliva or respiratory tract fluids. Included are objects or surfaces that might be contaminated with SARS-CoV-2.
• COVID-19 symptoms: fever of 100.4 degrees Fahrenheit or higher, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea, vomiting and/or diarrhea, unless a licensed health-care professional determines that the person’s symptoms were caused by a known condition other than COVID-19.
• COVID-19 test: a viral test for SARS-CoV-2 that is:
  • approved by the U.S. Food and Drug Administration (FDA) or has an emergency use authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and
  • administered in accordance with the FDA approval or the FDA emergency use authorization as applicable.
• exposed workplace: any work location, working area or common area at work used or accessed by a COVID-19 case during the high-risk period, including bathrooms, walkways, hallways, aisles, break or eating areas and waiting areas. The exposed workplace does not include buildings or facilities not entered by a COVID-19 case. Effective Jan. 1, 2021, when Assembly Bill 685 provisions become effective, the “exposed workplace” also includes, but is not limited to the work site of the COVID-19 case as defined by Labor Code § 6409.6(d)(5).
• face covering: a tightly woven fabric or nonwoven material with no visible holes or openings that covers the nose and mouth.
• high-risk exposure period:
  • for a person to develop COVID-19 symptoms: from two days before he/she first developed symptoms until 10 days after symptoms first appeared, and 24 hours have passed with no fever, without the use of fever-reducing medications and symptoms have improved; or
  • for a person to test positive who never developed COVID-19 symptoms: from two days before until 10 days after the specimen for their first positive test for COVID-19 was collected.

COVID-19 PREVENTION PROGRAM

Businesses must draft and maintain an effective written COVID-19 prevention program. The document may be integrated into the employer’s injury and illness prevention program (IIPP), or it may be maintained as a separate document. The written elements of the COVID-19 prevention program include:

• how to report COVID-19 symptoms, possible COVID-19 exposures and possible COVID-19 hazards at the workplace;
• procedures for accommodating employees with medical conditions or other comorbidities that put them at an increased risk of COVID-19;
• information about COVID-19 testing. If the employer provides such testing, describe the reason for it, the testing policies and procedures and the consequences of a positive test.
• information about COVID-19 hazards and the employer’s policies and procedures. Per the regulations, notice also must be provided to “other employers, persons, and entities within or in contact with the employer’s workplace.” So, on request, employers must make available its COVID-19 prevention program to anyone who comes onto the work site. They might include employees, independent contractors, vendors, members of the public, etc.
• a policy for screening employees and responding to those with COVID-19 symptoms. Screenings could include asking employees to evaluate their own symptoms before reporting to work, or an employer could conduct its own screening at the workplace. If the employer chooses to screen employees, it must ensure that face coverings are used during screenings by not only the screener, but the employee. If temperatures are taken, the thermometer must be noncontact. Employers who lack a screening protocol must implement one for all employees working on-site.
• how the employer will comply with physical distancing requirements and the provision of face coverings and other PPE;
• how the employer will respond “rapidly and effectively” when COVID-19 cases occur, and ways to reduce or prevent the transition of COVID-19 in the workplace;
• the employer’s investigatory procedures when a COVID-19 case occurs, including how the employer will provide notice to potentially exposed employees and others;
• information about the employer’s training program to ensure that all employees are informed of COVID-19 transmission, symptoms, employee benefits if they must quarantine, physical distancing and mask policies and the importance of staying home when sick.

These regulations expand on AB 685 requirements that employers add a disinfection and cleaning plan to their IIPP or as stand-alone documents.

We recommend that employers provide the required training at the same time they roll out the COVID-19 prevention program, if possible. Acknowledgments of receipt and sign in for training confirm that all employees received a copy of the program and attended the mandatory training.

IDENTIFICATION AND EVALUATION OF COVID-19 HAZARDS

The employer must identify COVID-19 hazards and evaluate ways to remove or minimize the hazards.

1. Investigation and evaluation include these hazard areas: the workplace and, per the regulations, “all interactions, areas, activities, processes, equipment, and materials that could potentially expose employees to COVID-19 hazards.” Employers must treat all persons, even those without symptoms or who have tested negative for COVID-19, as potentially infectious.
1. Identify and evaluate how to reduce the hazards where people may congregate, meet and/or come into contact with each other, even when they're not working. Examples include training rooms, bathrooms, entrances, hallways, break rooms, changing areas, waiting areas, etc.
2. Identify and evaluate how to reduce hazards in areas that might affect the health and safety of others traveling through the workplace, and entering or exiting the facility. Those people might include customers, vendors, contractors and clients.
2. The employer must allow employees and their union representatives to participate in the identification and evaluation of COVID-19 hazards.
3. For indoor locations, employers must evaluate the ventilation system and research ways to maximize the flow of outdoor air and whether the system operates at the highest efficiency.
4. Employers must review all local and state orders and guidance and orders and implement them in the prevention plan.
5. Employers must review their existing COVID-19 policies and controls, and evaluate whether they are still effective or must be modified or expanded.
6. Businesses must perform periodic inspections to identify unhealthful conditions, including work practices or procedures to ensure they are being followed.

INVESTIGATING AND RESPONDING TO COVID-19 CASES IN THE WORKPLACE

Employers must have an effective investigative process to verify COVID-19 test results, status of employees who test positive, persons with symptoms and methods of identifying and recording COVID-19 cases.

The employer is required to take the following action when there is a COVID-19 case at the workplace, and it must include all of these elements in the employer prevention program:

1. Determine the day and time the COVID-19 case was last present and, if possible, the date of the positive COVID-19 test and/or diagnosis, and the date the COVID-19 case first had one or more COVID-19 symptoms.
2. Determine who may have been exposed. Employers must evaluate where the COVID-19 case was within the workplace, the activities of the infected person and all locations at the workplace that he or she might have visited during the high-risk exposure period.
3. Give notice of the potential COVID-19 exposure, within one business day, in a way that does not disclose any personal identifying information of the infected person. Those who must be notified are:
1. all employees who might have been exposed and their authorized representatives;
2. independent contractors and other employers present at the workplace during the high-risk exposure.
4. Offer COVID-19 testing at no cost to employees during their working hours to all workers who must be quarantined and excluded from the workplace. Disclose related benefits to which they may be entitled under federal, state and local laws.
5. Investigate whether any workplace condition could have contributed to the risk of COVID-19 exposure and what can be done to reduce exposure hazards.

Ensure that all personally identifying information related to infected people or those with symptoms of COVID-19 remains confidential. All COVID-19 testing must protect employee confidentiality. The only exception to the confidentiality requirement is when unredacted information on COVID-19 cases must be provided to the local health department, CDPH, Cal/OSHA, the National Institute for Occupational Safety and Health (NIOSH) or as otherwise required by law immediately on request.

The employer must ensure that all medical records are kept confidential and not disclosed or reported without the employees’ written consent. The only exceptions to this requirement include when unredacted medical records are provided to the local health department, CDPH, Cal/OSHA, NIOSH or otherwise required by law.

Correction of Covid-19 Hazards

Employers must enact procedures to correct any unsafe or unhealthful conditions. Such conditions might include not only physical conditions but policies and methods of performing job duties.

Training and Instruction

Employers must provide “effective training and instruction” to employees. The regulations are detailed and specific as to what must be covered in the training. There are no requirements regarding the length of the training or who may perform the training.

Include the following in your training sessions:

1. Cover the COVID-19 policies and procedures established to protect employees from COVID-19 hazards.
2. Provide employees with information regarding benefits related to COVID-19 to which they might be entitled under applicable federal, state or local laws. Benefits include those available under workers’ compensation, the Families First Coronavirus Response Act, Labor Code § 248.1 and § 248.5 (Supplemental Paid Sick Leave for Large Employers), local governmental requirements, your own leave policies and leave guaranteed by contract. Note: This information is the same as that required under AB 685.
3. Instruct employees, per the regulations, that “COVID-19 is an infectious disease that can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales; that COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth, although that is less common; and that an infectious person may have no symptoms.”
4. Reinforce the importance of social distancing, separating at least 6 feet, and the importance of wearing face coverings.
5. Tell employees that particles containing the virus can travel more than 6 feet, especially indoors, so physical distancing must be combined with other controls, including face coverings and hand hygiene, to be effective.
6. Instruct employees to wash their hands frequently with soap and water for at least 20 seconds, and to use hand sanitizer when they have no immediate access to washing facilities. Make clear that hand sanitizer does not work if the hands are soiled.
7. Stress the proper use of face coverings and that such coverings are not respiratory protective equipment.
8. Stress that employees must not come to work when sick, and to obtain a COVID-19 test if they have COVID-19 symptoms. Provide a list of symptoms.

PHYSICAL DISTANCING, FACE COVERINGS AND VENTILATION AND OTHER ENGINEERING CONTROLS

Physical Distancing

Employees must be separated from others “by at least 6 ft, except where the employer can demonstrate that 6 ft of separation is not possible, and except for momentary exposure while the persons are in movement.” When it is not possible to maintain a distance of at least six feet, individuals shall be as far apart as possible.

Employers must evaluate whether it’s possible to physically distance by implementing alternatives to working in the workplace. Alternatives could include: telework or other remote work arrangements; reducing the number of persons in an area at one time, including visitors or customers; providing visual cues such as signs and floor markings to indicate where employees and others should be located or their direction and path of travel; staggered arrival, departure, work and break times; and adjusted work processes or procedures, such as reducing production speed, to allow greater distance between employees.

Face Coverings

“Employers must provide face coverings and ensure they are worn by employees over the nose and mouth when indoors, when outdoors and less than six feet away from another person, and where required by orders from CDPH or local health department.” Moreover, employers must ensure that face coverings are clean and undamaged. The regulations state that face shields are not a replacement for face coverings, although they may be worn in addition to face coverage for additional protection.

Exceptions

Exceptions to the provision of face coverings requirement include:

• When an employee is alone in a room.
• While eating and drinking at the workplace, provided employees are at least 6 ft apart and outside air supply to the area, if indoors, has been maximized to the extent possible.
• Employees wearing “respiratory protection in accordance with Section 5144 or other Title 8 Safety Orders.”
• Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing impaired or communicating with a hearing-impaired person.
• When specific tasks cannot be performed with face covering. This exception is expressly limited to “the time period in which such tasks are actually being performed, and the unmasked employee shall be at least 6 ft away from all other persons unless unmasked employees are tested at least twice weekly for COVID-19.”

CDPH has issued guidance for employers that identify examples when wearing a face covering is likely not feasible. You can find that guidance here. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx

Employees exempted from wearing face coverings because of a physical or mental condition or disability must wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom if their condition or disability permits it.

Any employee not wearing a face covering, face shield with a drape, or respiratory protection, for any reason, shall be at least six feet apart from all other persons unless the unmasked employee is tested at least twice weekly for COVID-19. The regulations state employers “may not use COVID-19 testing as an alternative to face coverings when face coverings are otherwise, required.”

An employer cannot prevent an employee from wearing a face covering when not otherwise required under these regulations, unless it would provide a safety hazard, “such as interfering with the safe operation of equipment.”

Employers must inform non-employees, like customers, vendors, suppliers, and members of the general public the face-covering requirements of the premises.

Finally, the employer must draft and implement policies and practices to minimize employee exposure to COVID-19 hazards “originating from any person not wearing a face covering, including a member of the public.”

Disinfection and Cleaning

Employer shall implement cleaning and disinfecting procedures, which include:

1. Identify and regularly clean and disinfect frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, bathroom surfaces, and steering wheels. The employer must also inform employees and authorized employee representatives of the cleaning and disinfecting protocols of the employer, including the plan, frequency and scope of regular cleaning and disinfection.
2. Employers must prohibit the sharing of personal protective equipment and to the extent feasible, items that employs common regular physical contact with such as phones, headsets, desks, keyboards, et cetera. When it is not feasible to prevent sharing, sharing “shall be minimized and such items and equipment shall be disinfected between uses by different people.”
3. Employers must have procedures and protocol for the cleaning and disinfection of areas, material, and equipment used by a COVID-19 case during the high-risk exposure period.

Moreover, the regulations state that cleaning and disinfection must be done in a manner that does not create a hazard to employees. The regulations refer to Group 2 and Group 16 of the General Industry Safety Orders.

As part of its investigatory and evaluation procedure, employers must preview its handwashing facilities, determine whether or not additional facilities are warranted, encourage and allow time for employee handwashing, and provide employees with an effective hand sanitizer.

Personal Protective Equipment

Employers have been required to evaluate the need for personal protective equipment (PPE) in their workplaces. The regulations confirm and enforce that requirement including evaluating what types of PPE are required for their workplace, whether respiratory protection is needed in their workplace and to ensure the use of eye protection and respiratory protection when employees are exposed to procedures that “may aerosolize potentially infectious material such as saliva or respiratory tract fluids.”

EXCLUSION OF COVID-19 CASE FROM WORKPLACE DURING QUARANTINE

The stated purpose of this subsection is to “limit transmission of COVID-19 in the workplace.” It imposes affirmative duties on employers with respect to how to deal with a COVID case and requires:

• Employers must ensure that COVID-19 cases are excluded from the workplace until the return-to-work requirements are met. Note: The return-to-work requirements are discussed in the subsection below.
• Employers must exclude employees with COVID-19 exposure from the workplace for 14 days after the last known “COVID-19 exposure to a COVID-19 case.”
• For employees excluded from work and otherwise able and available to work, “employers shall continue and maintain an employee’s earnings, seniority, and all other employee rights and benefits, including the employee’s right to their former job status, as if the employee had not been removed from their job.” “Employers may use employer-provided employee sick leave for this purpose and consider benefit payment from public sources in determining how to maintain earnings, rights and benefits, where permitted by law and when not covered by offers compensation.” Exceptions to this include:

• The subsection does not apply to any period of time during which the employee is “unable to work for reasons other than protecting persons at the workplace from possible COVID-19 transmission.”
• This subsection does not apply where the employer demonstrate that the COVID-19 exposure is not work-related.

• Employers are entitled to have benefits that provide for greater protections to the employees, including benefits provided by collective bargaining agreement.
• At the time the employee is excluded from work, the employer shall provide the employee the information on benefits available to them including state and local paid sick leave, and leaves of absence, employer provided paid leave and information related to workers compensation. This requirement mirrors that of AB685.

There is an exception to this subsection and includes: “Employees who have not been excluded or isolated by the local health department need not be excluded by the employer, if they are temporarily reassigned to work where they do not have contact with other persons until the return-to-work requirements are met.

Return to Work Criteria

Return to work criteria under the regulations mirror those promulgated by the CDC. See When You Can be Around Others After You Had or Likely Had COVID-19 | CDC. The regulations make clear a negative COVID-19 test cannot be required as a condition of return to work.

The following is quoted directly from the regulations to ensure complete and full understanding and implementation by the employer:

• COVID-19 cases with COVID-19 symptoms shall not return to work until:

1. At least 24 hours have passed since a fever of 100.4 or higher has resolved without the use of fever-reducing medication;
2. COVID-19 symptoms have improved; and
3. At least 10 days have passed since COVID-19 symptoms first appeared.

• COVID-19 cases who tested positive but never developed COVID-19 symptoms shall not return to work until a minimum of 10 days have passed since the date of specimen collection of their first positive COVID-19 test.
• A negative COVID-19 test shall not be required for an employee to return to work.
• If in Order to isolate or quarantine an employee is issued by a local or state health official, the employee shall not be required to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, then the period shall be 10 days from the time the Order to isolate was effective, or 14 days from the time the Order to quarantine was effective.
• If there are no violations of local or state health officer orders for isolation or quarantine, Cal/OSHA (also called the Division) may, upon request, allow employees to return to work on the basis that the removal of an employee would create undue risk to a community’s health and safety. In such cases, the employer shall develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employee at the workplace and, if isolation is not possible, the use of respiratory protection in the workplace.

REPORTING, RECORDING, AND ACCESS

The reporting and recording requirements mirror the Cal/OSHA laws already in place but expand the groups who can get access to the records. The recording and reporting obligation requires employers to adhere to laws and regulations already in place but also impose some additional requirements including:

• The employer must report information about COVID-19 cases at the workplace to the local health department whenever required by law, and shall provide any related information requested by the local health department.
• The employer must immediately report to Cal/OSHA any COVID-19 -related serious illness or death of an employee occurring in a place of employment or in connection with any employment.

The employer shall maintain records of the steps taken to implement the written COVID-19 prevention program. This is a new requirement.

The written COVID-19 prevention program must be made available at the workplace to employees, their union representatives, and to representatives of Cal/OSHA immediately upon request.

The employer must keep 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 a positive COVID-19 test. Medical information must be kept confidential and the information recorded by the employer “shall be made available to employees, authorized employee representatives, or as otherwise required by law, with personal identifying information removed.” Note: This requirement is similar to the Cal/OSHA requirement to record COVID-19 cases but applies to all employers covered by these regulations. This recording requirement is broader than the employers obligation to record work related COVID-19 cases in a Log 300. Importantly, the requirement to record under these regulations does not require the employer determine whether or not the COVID-19 case was work-related.

MULTIPLE COVID-19 INFECTIONS AND COVID-19 OUTBREAKS AND MAJOR OUTBREAKS

Infections identified by a local health department as the location of a COVID-19 outbreak or there are three or more COVID-19 cases in an exposed workplace within a 14 day period are covered under this section. Moreover, this section will continue to apply until no new COVID-19 cases are detected in a workplace for a 14 day period.

If a worksite is identified as one with multiple infections or outbreaks, the employer must provide COVID-19 testing to all employees “except for employees who were not present during the period” of an outbreak.

The regulations explicitly require the following COVID-19 testing:

1. All employees in the exposed workplace shall be tested then retested one week later. Negative COVID-19 test results “shall not impact the duration of any quarantine period required by, or orders issued by, the local health department.”
2. After the first two COVID-19 tests shall provide continuous COVID-19 testing of employees who remain at the workplace at least once per week, or more frequently if recommended by the local health department.

Employers must adhere to quarantine requirements as set forth in the adhere to the exclusion of employees from the workplace as set forth in the section Exclusion of COVID-19 Cases from Workplace During Quarantine, above.

The employer must investigate and determine what workplace factors contributed to the COVID-19 outbreaks and take steps to remedy the issue. The investigation and review must be documented and the documentation shall include:

1. Investigation of new or unabated COVID-19 hazards including the employers leave policies and whether employees are discouraged from taking leave or encouraged to return to work early from quarantine. Investigation should also include the ventilation system, lack of distancing or use of PPE and the employer’s testing policy.
2. The review must be updated every 30 days when the outbreak is continuing or in response to new hazards or information.
3. The employer must make changes to the workplace when hazards are identified. Possible changes include: moving indoor activities outdoors or implementing remote work, increase physical distancing or PPE use.

As required by AB 685 the regulations confirm the employer’s requirement to report outbreaks to the local public health department within 48 hours “after the employer knows, or with diligent inquiry would have known, of the outbreak.

Major Outbreaks: A major outbreak is defined as 20 or more COVID-19 cases in a 30 day period. As with other outbreaks, an outbreak will be considered ‘major’ until there are no new cases detected for 14 days.

When a workplace experiences a major outbreak employers must provide workers COVID-19 testing two times per week present during the relevant 30 day period. All requirements related to investigations during outbreaks apply during major outbreaks. Employers shall notify the local health department of any major outbreaks and follow any recommendations.

In addition, to the hazard correction procedures required for outbreaks, employers must also take the following specific actions during a major outbreak:

1. Filtration units must be inspected and efficiency filters must be installed;
2. The employer must determine whether there’s a need for a respiratory protection program or improvements to the existing system can be made.
3. Implement any other measures deemed necessary by Cal/OSHA.

EMPLOYER PROVIDED HOUSING

Employers who provide housing to their employees must follow new strict COVID-19 prevention guidelines. Employer provided housing is “housing that is arranged for, provided by an employer, other person, or entity to workers, and in some cases to workers and persons in their households, in connection with the workers employment, whether or not rent or fees are paid or collected.”

The regulations define housing as “Any place or area of land, any portion of any housing accommodation, or property upon which a housing accommodation is located, consisting of: living quarters, dwelling, boarding house, tent, bunkhouse, maintenance of way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations.”

Employer-provided housing does not include housing provided for the purpose of emergency response, including firefighting, rescuing, evacuation, and support activities. It does not apply to government entities, or housing that is provided temporarily by a private employer and is necessary to conduct emergency response operations.

The regulations require shared housing unit assignments be prioritized in the following order:

1. Households that maintain a residence outside of work, such as family members, must be housed in the same housing unit without other persons.
2. Residents who work in the same crew or at the same work site may must be housed in the same housing unit without other persons.
3. Employees who do not usually maintain a common household, work crew, or work site must be housed in the same housing unit, only when no other housing alternatives are possible.

Physical distancing and other controls must be maintained. Employers must provide face coverings to all residents and provide information to residents on how and when they should be used.

Employers must adhere to strict cleaning and disinfecting procedures and are encouraged to screen residents for COVID-19 symptoms and to encourage reporting of same.

The employer must establish, implement, and maintain effective policies and procedures for COVID-19 testing of exposed occupants, those with symptoms, or as recommended by the health department.

The employer must implement specific isolation guidelines and effectively isolate COVID-19 exposed residents from other occupants and provide them with a private bathroom, sleeping area, and cooking and eating facilities.

Employers must keep personal identifying information confidential. Employers are subject to the same exclusion and isolation requirements as set forth in these regulations.

EMPLOYER PROVIDED TRANSPORTATION TO AND FROM WORK

The regulations define employer provided vehicle transportation as “Any transportation of an employee, during the course and scope of employment, provided, arranged for, or secured by an employer including Rideshare vans or shuttle vehicles, carpools, and private charter buses, regardless of the travel distance or duration involved.”

The following exceptions apply:

1. This section does not apply if the driver and all passengers are from the same household outside of work, such as family members.
2. Employer provided transportation when necessary for emergency response, including firefighting, rescue, and evacuation, and support activities are not required to adhere to these regulations.

The regulations require that employers prioritize transportation assignments in the following order:

1. Employees residing in the same housing unit must be transported in the same vehicle.
2. Employees working in the same crew or work site must be transported in the same vehicle.
3. Employees who do not share the same household, work crew or work site shall be transported in the same vehicle only when no other transportation alternatives are possible.

Employers must ensure that physical distancing and face-covering requirements as set forth in the regulations are followed when employees are waiting for transportation. The vehicle operators and any passengers must be separated by at least three feet in all directions, and the employer must provide the vehicle operator and the occupants with face coverings.

As with employer-provided housing, the employer must develop, implement and maintain effective procedures for screening and excluding drivers and riders with COVID-19 symptoms prior to boarding shared transportation.

Cleaning and disinfecting requirements must be strictly followed.

Employers must adhere to certain ventilation requirements such as vehicle windows kept open, the ventilation system set to maximum outdoor air. Exceptions to keeping windows open apply when the outside temperature is extreme, either too hot or too cold or protection is needed from weather conditions such as rain or snow. Finally, the vehicle must have a cabin air filter in use and the US EPA Air Quality Index for any pollutant is greater than 100.

Employers must provide hand sanitizer in each vehicle and ensure that drivers and all she occupants sanitize their hands before entering and exiting the vehicle.

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