California’s Governor Proclaims a State of Emergency for Bird Flu

Jackson Lewis P.C.
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On December 18, 2024, Governor Newsom proclaimed a State of Emergency to streamline and expedite the state’s response to Avian influenza A (H5N1), commonly known as “Bird Flu.”

This may give many employers flashbacks to the COVID-19 Pandemic and shelter-in-place requirements. Currently, it is not that type of emergency. However, there are some mandates that employers in affected industries should be aware of.

In response to the outbreak of Bird Flu, the Labor & Workforce Development Agency (LWDA), through the Department of Industrial Relations, and the California Department of Public Health (CDPH) are engaging in an outreach strategy to educate employers and workers about Bird Flu. This page provides comprehensive information on prevention and control measures to reduce the risk of exposure to Bird Flu and personal protective equipment (PPE) requirements.

Moreover, the State of California will be distributing PPE to high-risk workers at dairy farms.

Cal/OSHA will also be responding to reports of worker illness and conducting programmed inspections in high-hazard industries, including the dairy industry. While the declaration mainly identifies dairy farms as high hazard, Cal/OSHA has already published a page on Bird Flu, that identifies workers who have job-related contact with birds or dairy cows as at risk. This includes bird rehabilitation centers, animal sanctuaries, slaughterhouse workers, and lab workers who test samples for Bird Flu.

While employers in these types of industries should be cautious, the CDPH states the current risk is low and there is no known person-to-person spread of Bird Flu detected in California.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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