The last California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 regulation came into effect on February 3, 2023, with provisions scheduled to sunset on February 3, 2025. There have been no further regulatory developments or new regulations adopted, so all but one of the features of the regulation will no longer be in effect for California employers.
Quick Hits
- Most of the current Cal/OSHA regulation ends on February 3, 2025.
- The only provision of the regulation that remains in effect for another year (until February 3, 2026) is subsection 3205(j), which provides for reporting and recordkeeping including keeping a record of and tracking all COVID-19 cases and retaining any COVID-19 notices.
- Section 3205.1 governing outbreaks sunsets completely.
- Section 3205.2 and 3205.3 governing employer-provided housing and transportation completely sunset also.
While California employers will want to continue evaluating COVID-19 hazards in the workplace, the specific provisions of the Non-Emergency COVID-19 Standard no longer apply, giving employers increased flexibility in addressing COVID-19 in the workplace. The only continuing recordkeeping requirement is for employers to keep a 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 the positive COVID-19 test and/or COVID-19 diagnosis. The record must be retained for an additional two years.
California Labor Code Section 6409.6, which had previously required COVID-19 notices to employees, ended on January 1, 2024. Therefore, the references to issuing notices to employees is no longer valid, and COVID-19 notices are not required. The California Department of Public Health last issued a COVID-19 directive on January 9, 2024, but continues to have authority, if required, to update orders for the state.
