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CALOSHA Guidelines (1/11/24)

 

 

Detailed CALOSHA Guidelines in Effect as of January 11, 2024 Until 2/25/25

 

This document is meant to summarize what is outlined in CalOsha relating to all businesses in relation to Covid19.  The latest orders require AACA to refer to Cal Osha’s requirements for all workplaces.  The County of Los Angeles has not issued any new directives for our sector as of this point in time.  Should it elect to do so, AACA will follow their updated guidelines.  For now, the directive is to refer to CalOsha.

See all relevant FAQ’s below:


Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces that are separated by floor-to-ceiling walls shall be considered distinct indoor spaces.


Exception to exposure guidelines:

Employees have not had a close contact

 if they wore a respirator required by AACA whenever they would otherwise have had a close contact.

“COVID-19 case” means a person who:

 

(A) Has a positive COVID-19 test


(B) Has a positive COVID-19 diagnosis from a licensed health care provider


(C) Is subject to a COVID-19-related order to isolate issued by a local or state health official;

 

COVID-19 hazard”:   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 a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or respiratory tract fluids.


(5) “COVID-19 symptoms”: means 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 or vomiting, or diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19.


(6) “COVID-19 test” means a test for SARS-CoV-2 that is:


(A) Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test)


(B) Administered in accordance with the authorized instructions.


(C) To meet the return to work criteria set forth in subsection 3205(c)(5), a COVID-19 test may be both self-administered and self-read only if another means of independent verification of the results can be provided (e.g., a time-stamped photograph of the results).


“Exposed group”: means all employees at a work location, working area, or a common area at work, within employer-provided transportation; residing within housing covered by section, where an employee COVID-19 case was present at any time during the infectious period.

 

A common area at work CAN be bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas where more than 1 person typically congregate. The following exceptions apply:

 

(A) For the purpose of determining the exposed group, a place where persons momentarily pass through, without congregating, is not a work location, working area, or a common area at work.


(B) If the COVID-19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.


(C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the infectious period, and the COVID-19 case was wearing a face covering during the entire visit, other people at the work location, working area, or common area are not part of the exposed group.

Infectious period:  means the following time period, unless otherwise defined by CDPH regulation or order, in which case the CDPH definition shall apply:

 

(A) For COVID-19 cases who develop COVID-19 symptoms, from two days before the date of symptom onset until :


(1) Ten days have passed after symptoms first appeared, or through day five if testing negative on day five or later; and


(2) Twenty-four hours have passed with no fever, without the use of fever-reducing medications, and symptoms have improved.

 

(B) For COVID-19 cases who never develop COVID-19 symptoms, from two days before the positive specimen collection date through 10 days (or through day five if testing negative on day five or later) after the date on which the specimen for their first positive test for COVID-19 was collected.


(10) “Respirator” means a respiratory protection device approved by the National Institute for Occupational Safety and Health (NIOSH) to protect the wearer from particulate matter, such as an N95 filtering facepiece respirator.


(11) “Returned case” means a COVID-19 case who was excluded from work but returned


(A) and did not develop any COVID-19 symptoms after returning. A person shall only be considered a returned case for 30 days after the initial onset of COVID-19 symptoms or, if the person never developed COVID-19 symptoms, for 30 days after the first positive test. If a period of other than 30 days is required by a CDPH regulation or order, that period shall apply

AACA's COVID-19 procedures and plan is posted on the website and is available in the main office on each campus.


COVID19 Transmission Control


(1) When determining measures to prevent COVID-19 transmission and to identify and correct COVID-19 hazards, AACA  shall consider all persons to be potentially infectious, regardless of symptoms, vaccination status, or negative COVID-19 test results.


(2) When determining measures to prevent COVID-19 transmission and to identify and correct COVID-19 hazards, AACA shall review applicable orders and guidance related to COVID-19 from the State of California and the local health department with jurisdiction over the workplace and shall treat COVID-19 as an airborne infectious disease. COVID-19 prevention controls include remote work, physical distancing, reducing the density of people indoors, moving indoor tasks outdoors, implementing separate shifts and/or break times, restricting access to the work area, and other prevention measures, in addition to the requirements of this section.


(3) AACA employees shall receive training regarding COVID-19 in accordance with subsection 3203(a)

(7).


(4) AACA's procedure to investigate COVID-19 illness at the workplace, as required by subsection 3203(a)(5), shall include the following:

 

(A) AACA  shall determine the day and time a COVID-19 case was last present and, to the extent possible, the date of the positive COVID-19 test(s) and/or diagnosis, and the date the COVID-19 case first had one or more COVID-19 symptoms, if any were experienced.


(B) AACA shall effectively identify and respond to persons with COVID-19 symptoms at the workplace. Staff members shall be encouraged to report COVID-19 symptoms and to stay home when ill.

AACA has very effective methods and/or procedures for responding to a COVID-19 case on campus, including the following:

 

(A) AACA shall immediately exclude from the workplace all COVID-19 cases.  AACA shall demonstrate it has met the applicable requirements below:


1. COVID-19 cases who do not develop COVID-19 symptoms shall not return to work during the infectious period;


2. COVID-19 cases who develop COVID-19 symptoms shall not return to work during the shorter of the following: the infectious period; or through 10 days after the onset of symptoms and at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medication.


3. Regardless of vaccination status, previous infection, or lack of COVID-19 symptoms, a COVID-19 case shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or, if the person did not have COVID-19 symptoms, from the date of their first positive COVID-19 test.


4. These requirements. apply regardless of whether an employee has previously been excluded or other precautions were taken in response to an employee's close contact or membership in an exposed group.

AACA Covid19 Compliance Team shall review current CDPH guidance for persons who had close contacts, including any guidance regarding quarantine or other measures to reduce transmission.


(C) If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the employee shall not return to work until the period of isolation or quarantine is completed or the order is lifted.


(D) If no violations of local or state health official orders for isolation, quarantine, or exclusion would result, AACA 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, AACA 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 feasible, the use of respirators in the workplace.


(E) Upon excluding an employee from the workplace based on COVID-19 or a close contact, AACA shall give the employee information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. This includes any benefits available under legally mandated sick leave, if applicable, workers' compensation law, local governmental requirements, the employer's own leave policies, and leave guaranteed by contract.

Testing of close contacts:  AACA  shall make COVID-19 tests available at no cost, during paid time, to all employees of AACA who had a close contact in the workplace, with the exception of returned cases.

Notice of COVID-19 cases.

 

(1) AACA shall notify employees and independent contractors who had a close contact,  who had a close contact. Notice shall be provided as soon as possible, and in no case longer than the time required to ensure that the exclusion requirements noted above.


(2) AACA  shall provide notice of a COVID-19 case, in a form readily understandable to all employees. Notice shall be given to all employees and independent contractors at the campus in accordance with the  law.


Face coverings.

 

(1) AACA  shall provide face coverings and ensure they are worn by employees when required by a CDPH regulation or order. When a CDPH regulation or order requires face coverings indoors, that includes spaces within vehicles. Face coverings shall be clean, undamaged, and worn over the nose and mouth.


(2) When employees are required to wear face coverings the following exceptions apply:

 

(A) When an employee is alone in a room or vehicle.


(B) While eating or drinking at the workplace, provided employees are at least six feet apart and, if indoors, the supply of outside or filtered air has been maximized to the extent feasible.


(C) While employees are wearing respirators required by the employer and used as previously noted.


(D) 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. Such employees shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if the condition or disability permits it.


(E) During specific tasks which cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed.


(3) If an employee is not wearing a face covering pursuant to the listed exceptions AACA shall assess COVID-19 hazards and take action as necessary.


(4) AACA shall not prevent any employee from wearing a face covering, including a respirator, when not required by this document, unless it would create a safety hazard.

Reporting and recordkeeping:

 

(1) AACA shall keep a record of and track all COVID-19 cases with the employee's name, contact information, position, campus 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 CalOsha requirements.


(2) AACA shall retain the notices required to be disbursed to notify staff and parents of positive COVID19 cases.


(3) Personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by this document 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.

(a)   Scope. This section applies until February 3, 2025.

 

(1) This section applies to any workplace with three or more employee COVID-19 cases within an exposed group, as defined previously at the campus during their infectious period at any time during a 14-day period, unless a California Department of Public Health (CDPH) regulation or order defines outbreak using a different number of COVID-19 cases and/or a different time period, in which case this section applies when the number of cases at the worksite constitutes an outbreak under CDPH's definition.


(2) This section shall apply until there are one or fewer new COVID-19 cases detected in the exposed group for a 14-day period.

(b) COVID-19 testing.

 

(1) Immediately upon being discovered as it relates to positive cases, AACA shall make COVID-19 testing available at no cost to its affected employees within the exposed group, regardless of vaccination status, during employees' paid time, except for returned cases and employees who were not present at the workplace during the relevant 14-day period.


(2) AACA shall then make testing available on a weekly basis to all employees in the exposed group who remain at the workplace.


(3) Employees who had close contacts shall have a negative COVID-19 test taken within three to five days after the close contact or shall be excluded and follow the return to work requirements  listed above starting from the date of the last known close contact.

Face coverings:   Employees in the exposed group, regardless of vaccination status, shall wear face coverings when indoors, or when outdoors and less than six feet from another person, unless one of the exceptions listed above applies.


(d) Respirators. AACA shall notify employees of their right to request and receive a respirator for voluntary use.


(e) COVID-19 investigation, review, and hazard correction. AACA shall perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19 when this section initially applies and periodically thereafter. The investigation, review, and changes shall be documented and shall include:

 

(1) Investigation of new or unabated COVID-19 hazards including AACA’s leave policies and practices and whether employees are discouraged from remaining home when sick; AACA’s COVID-19 testing policies; insufficient supply of outdoor air to indoor workplaces; insufficient air filtration; and insufficient physical distancing.


(2) The review shall be updated every 30 days that this section continues to apply, in response to new information or to new or previously unrecognized COVID-19 hazards, or when otherwise necessary.

Major Outbreaks.

 

 If 20 or more employee COVID-19 cases are confirmed in an exposed group, as defined above, within a 30-day period, AACA shall do the following:

 

(1) The COVID-19 testing described above shall be required of all employees in the exposed group, regardless of vaccination status, twice a week or more frequently if recommended by the local health department with jurisdiction over the workplace. Employees in the exposed group shall be tested or shall be excluded and follow the return to work requirements of the prior section.


(2) AACA shall report the outbreak to the CalOsha or CADPHS Division. This subsection does not limit AACA’s  obligation to report employee deaths, serious injuries, or serious illnesses when required by the prior sections.


(3) AACA  shall provide respirators for voluntary use in compliance with the law to employees in the exposed group, they shall encourage their use, and shall train employees accordingly, and AACA shall provide respirators for voluntary use.


(4) Any employees in the exposed group who are not wearing respirators required by AACA and used in compliance with the law shall be separated from other persons by at least six feet, except where AACA can demonstrate that at least six feet of separation is not feasible, and except for momentary exposure while persons are in movement. Methods of physical distancing include: telework or other remote work arrangements; reducing the number of persons in an area at one time, including visitors; 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. When it is not feasible to maintain a distance of at least six feet, individuals shall be as far apart as feasible.

 

 

 

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