State adopts rules to be safe on the job
Firms must keep workers safe from coronavirus
As coronavirus cases rise alarmingly in California, state workplace safety officials voted unanimously Thursday to adopt an emergency regulation to guard against the spread of the coronavirus in the workplace.
Issued by the California Division of Occupational Safety and Health — or Cal/ OSHA — Standards Board, the new rules will take effect in coming weeks pending a legal review and expand the state’s enforcement powers while placing new requirements on employers to keep workers safe from exposure.
The rules will take effect for six months. The board can then extend them for 90 days at a time, make them permanent or let them expire.
The regulations require employers to assess and fix virus hazards in the workplace and train employees on preventing the virus’ spread. The rules apply to most public and private sector companies, although California health care workers are already protected under existing rules on diseases spread through the air.
Companies will be required to notify their workers of exposure to coworkers with the virus and to pay for testing when cases crop up. Providing masks and other protective equipment and making sure workers use them properly will also be required.
A separate law passed this year will require companies to notify employees and the state when workers are exposed to the virus.
Many companies already have rigorous coronavirus protocols in place. Among them is Burlingame grocery delivery startup Farmstead, which requires gloves and masks for employees, along with temperature checks, among a host of safety measures, according to cofounder and CEO Pradeep Elankumaran.
Increased ventilation, cleaning and signage are also in place, he said.
The company does contract tracing to contain the virus, and all employees are notified about infections at work. Elankumaran said he would welcome requirements for testing, but questioned the cost burden for other, smaller businesses.
Other safety provisions in the new regulation include requiring social distancing on employeeprovided transport and housing — two issues that are of particular importance for the agricultural industry statewide. Many vineyard and other agricultural workers stay near worksites in dormitories, many of which would need to be reconfigured to comply.
Some agricultural groups strongly opposed the rules.
Unions, workers’ rights groups, and health and safety advocates pushed for the regulation.
They said existing state guidance lacks enforcement heft and point to government findings indicating that without increased regulations, lowincome and immigrant workers and workers of color are particularly vulnerable to the virus.
Dozens of business and labor advocates weighed in on the rule during hours of public comment that stretched into Thursday night.
California business groups said the rule is unclear. They said it asked too much of them too quickly.
“The concerns have been all about the feasibility and clarity of this regulation,” said Robert Moutrie, a policy advocate with CalChamber, during public comment on Thursday.
Moutrie said that requirements for employers about notification, testing and paid leave were still unclear and that the rule did not give employers
The regulations require employers to assess and fix virus hazards in the workplace and train employees on preventing the virus’ spread.
enough time to implement the changes.
For some employees, time is running out.
Patrick Kirby works as a janitor at the Westin St. Francis Hotel in San Francisco. He said Thursday during the virtual hearing that he hasn’t been trained on cleaning procedures or what to do if he feels sick.
Kirby said that during a recent event at the hotel, some staff were told they were exposed to the coronavirus, but others were not. He hopes the new regulation will change that, along with requiring guests to wear masks. He said most, but not all, do.
Marriott, which owns the hotel, did not respond to an emailed request for comment.
Democratic officials including Presidentelect Joe Biden have said they support creating a similar standard nationwide to stem the spread of the virus.
California Attorney General Xavier Becerra has also supported the more muscular regulation.
Cal/ OSHA’s federal counterpart and the U. S. Department of Labor under President Trump have come out against a similar federal virus rule for employers. They have said existing laws are sufficient to bring enforcement actions.