Masks? Social distancing? We answer your questions on California’s new COVID workplace rules
California has new COVID workplace safety standards, but only after weeks of delay, nine-plus hours of discussion and multiple votes.
Here is what to know about the updated standards from the standards board of the state’s Division of Occupational Safety and Health, commonly called Cal-OSHA. They are scheduled to go into effect around June 15 pending administrative approval.
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I’m fully vaccinated. Do I need to wear a mask?
If you’re working outdoors, no. You don’t have to wear a mask unless you have COVID-19 symptoms.
If you’re working indoors, yes, you have to wear a mask. But there is one significant exception: You don’t have to wear a mask if everyone in a room is fully vaccinated and doesn’t have COVID-19 symptoms.
What about social distancing?
Social distancing is required if you work inside or at mega outdoor events (Defined as having 10,000 or more participants or spectators). However, the requirement ends July 31.
After that, social distancing is not required, except during outbreaks.
In mixed groups, masks would still be required, but businesses would not have to impose social distancing if they provide N95 masks for the unvaccinated to use voluntarily.
I’m not fully vaccinated. What can I do?
You have to wear a mask, but there are a few exceptions, which also apply to those who are fully vaccinated:
You’re alone in a room or eating and drinking (as long as you stay six feet apart from others)
You can’t wear face coverings because of a medical condition
You can’t feasibly perform specific tasks with a face covering
You are outdoors and six feet apart from others
How do these standards work with federal and state guidance?
The federal guidance says those who are fully vaccinated can go maskless indoors and outdoors. However, the Centers for Disease Control and Prevention noted state and local workplace guidance can supersede the federal recommendation.
California plans to lift its mask mandate on June 15, but Cal/OSHA does have the authority to create separate rules for workplaces.
What else should I know about the standards?
N95 masks: If you are not fully vaccinated and working indoors or at mega outdoor events, you can ask your employers for N95 masks starting July 31.
Proof of vaccine: To prove you’re fully vaccinated, your employer can ask you for documentation. Details aren’t yet clear on what documentation will suffice, but deputy chief of Cal/OSHA Eric Berg said employers don’t need to keep a copy of your vaccination card.
Testing: You can get tested at no cost during paid time if you are not fully vaccinated and have symptoms of COVID-19.
Outbreak: An outbreak is now defined as having three or more employees at a worksite testing positive for COVID-19 within a 14-day period. The workplace is defined as any working area used or accessed by those who tested positive during their high-risk exposure period.
Those who are fully vaccinated without symptoms don’t have to self-isolate even if they were exposed to COVID-19. The same is the case for those who recovered from COVID-19 within 90 days. However, if you don’t fall into either category and were exposed to COVID-19 at work, you must still self-isolate. Your employer must continue to pay you while you self-isolate.
What does the rule mean for customers?
Because the board’s rule only governs workplaces, customers won’t be affected, said Wendy Lazerson, a Bay Area-based lawyer co-chairing labor and employment practice at law firm Sidley Austin. That means come June 15, when California expects to lift its mask mandate, customers can come in without face coverings.
However, Joe Souza, a safety consultant at KPA, said there’s some gray area. Nothing’s stopping a private employer from requiring everyone, including customers, to wear masks, he said.
“Employers, based on this (rule), may say ‘I want everyone to wear masks,’” he said.
Could the rule change again?
The board on Thursday voted to convene a subcommittee to update the standard as quickly as possible. The next meeting is scheduled for June 17, followed by another on July 15 (although the board can convene an emergency session in between).
However, it could take until August to make any substantial change to the standards, given the need for community feedback, Executive Officer Christina Shupe told the board.
Will Gov. Gavin Newsom step in?
Board members acknowledged Newsom can issue an executive order modifying the standards, which were backed by labor and heavily opposed by the business representatives.
But speaking Friday, Newsom said he looks forward to the board’s discussion and didn’t say whether he plans to make any changes on his own. Before the board’s vote on Thursday, Newsom did say he will be mindful of the differences between workplaces.
“Workplaces they’re protecting — larger meatpacking facilities, large industrial facilities — have a different set of challenges and criteria, so I’ll be mindful of that in terms of making any subsequent decision,” Newsom said Thursday.
