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California - COVID-19 Prevention Rules for the Workplace

On November 20, 2020, the California Occupational Safety & Health Standards Board (board) adopted emergency rules that would be applicable to all employees and workplaces, including remote workers. The rules would require employers to:

  • Implement a written, in depth COVID-19 prevention program;
  • Provide COVID-19 testing to all employees at a workplace where there was a COVID-19 outbreak (three or more positive cases in a 14-day period);
  • Provide at least twice a week COVID-19 testing to all employees at a workplace where there was a major outbreak (20 or more positive cases in a 30-day period); and
  • Implement COVID-19 prevention in employer-provided housing and transportation to and from work.

The proposed emergency rules will be submitted to the California Office of Administrative Law (OAL), which has 10 calendar days to decide whether it will approve the rules. If approved, the OAL will file the emergency regulation with the Secretary of State, and the emergency regulation will become effective for 180 days, with possible extensions.