Covid-19 Employment Requirements to Limit Exposure in the Workplace

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In late 2020, Emergency Temporary Standards were issued for California workplaces by Cal/OSHA. The new standards put dramatic requirements in place for training, testing, and record keeping. 

2020 Standards to Minimize Covid-19 Exposure in the Workplace:

While the dramatic new Cal/OSHA issued Emergency Temporary Standards imposed requirements in various areas, the most controversial new requirement employers faced was to “continue and maintain an employee’s earnings, seniority, and all other employee rights and benefits.” This stipulation applied to employees excluded from their own workplace under ETS regulations. The requirement did not apply in situations where the employee was unable to work due to other reasons (including hospitalization) or if the Covid-19 exposure was not connected to the workplace (and the employer could prove it wasn’t). Since requirements also existed that required any close contacts (even if they were asymptomatic) to exclude themselves from the workplace for at least 10 days (even if they received a negative Covid-19 test), the new requirement placed a significant burden on California employers. 

Just as Federal Covid-19 Paid Leave Requirements Expired at the End of 2020

These new Cal/OSHA requirements were issued just as federal Covid-19 paid leave requirements expired at the end of 2020 inspiring numerous business groups to challenge portions of the ETS. One of several similar lawsuits was filed in San Francisco. After briefing from the parties in the case, the judge’s order denied a motion to preliminarily enjoin portions of the ETS. 

Judge Denies Early Challenge to Cal/OSHA Standard Extending Covid-19 Pay Requirements

When denying the early challenge to the new standards issued by Cal/OSHA that extended Covid-19 pay requirements, the judge cited numerous arguments in support of his decision: 

  • the Plaintiff filed to show a likelihood of prevailing on the merits of their claims

  • the balance of interim harms 

  • the public interest in stopping the spread of Covid-19

  • protecting employee health

  • protecting community health

The judge on the case cited the above indicating that combined, they weigh heavily in favor of the ETS regulation’s continuance of Covid-19 pay protections, and other requirements to respond to the dangers presented by the pandemic. The judge specifically noted that with the exception of religious services (that have unique constitutional considerations), not one court in the entire nation has blocked emergency public health orders designed to stop the spread of the virus (and the illness, and death associated with it). The judge showed no indication that he wanted to be the first to do so. While this denial does not end the case, the judge’s ruling means that ETS regulations are in force as litigation progresses. 

If you have questions about California labor law violations or how employment law protects you against labor law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.