California employers should be aware that Cal/OSHA’s COVID-19 non-emergency regulation has now expired effective February 3rd, 2025. Since the onset of the pandemic, workplace safety measures have evolved, and businesses have had to adapt to a series of regulatory changes. With this non-emergency regulation expired, it is important for employers and employees to understand what their next steps to ensure compliance and maintain workplace safety are.
Background on Cal/OSHA’s COVID-19 Non-Emergency Regulation
After what seemed like new updates to the COVID-19 regulation before employers could implement the previous ones, things started to settle down.
On February 3rd, 2023, Cal/OSHA introduced the non-emergency regulation to provide a more structured and long-term approach to COVID-19 workplace safety. This regulation included provisions on reporting, recordkeeping, isolation or quarantining protocols, and requirements for maintaining workplace safety plans.
What Does the Expiration Mean for Employers?
Although the non-emergency regulation has expired and there is no longer a specific set of regulatory requirements relating to COVID-19 prevention in the workplace, California employers still must protect their employees by:
- Maintaining a safe and healthful place of employment
- Identify, evaluate, and correct any unsafe or unhealthy conditions, work practices, or work procedures associated with COVID-19 if they identify COVID-19 as a workplace hazard at their place of employment.
- Establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP)
What’s Next for Employers?
Employers should be aware that the non-emergency regulation’s reporting and recordkeeping requirements are also still in effect for an additional year, expiring on February 3rd, 2026. These requirements in Title 8 Subsection 3205(j) include:
- Keeping a record of and tracking 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.
- These records must be retained for two years beyond the period in which the record is necessary to meet the requirements of the expired regulation.
- Provide information on COVID-19 cases to the local health department with jurisdiction over the workplace, CDPH, Cal/OSHA, and NIOSH immediately upon request, and when required by law.
Final Thoughts
The expiration of Cal/OSHA’s COVID-19 non-emergency regulation marks a shift in workplace health and safety management. While mandatory COVID-19-specific measures may be winding down, maintaining a proactive approach to employee health and safety remains crucial. Employers should stay updated on evolving regulations, continue best practices for preventing illness, and ensure that their workplaces remain compliant with broader occupational safety requirements.
For additional current guidance regarding COVID-19 or other respiratory infections, please refer to the California Department of Public Health (CDPH) here: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Interim-Guidance-for-Ventilation-Filtration-and-Air-Quality-in-Indoor-Environments.aspx
