County implements new COVID guidelines for employees
By Victoria Metcalf
Describing newly released revised COVID-19 Prevention Program guidelines, as a “hot mess, a hot mess,” Plumas County Administrative Officer Gabriel Hydrick took members of the Board of Supervisors through an abbreviated version of the documents in a special meeting.
Reluctantly, supervisors approved the guidelines unanimously in a roll call vote Tuesday, June 22.
Playing catch-up to the state’s newly released COVID-19 procedures, Cal/OSHA spent just days overhauling its own requirements to protect employees in the workplace.
Using an abbreviated version of Cal/OSHA’s 21-page set of new guidelines, Hydrick quickly explained what he and County Counsel Gretchen Stuhr have gleaned. One of the major points within the COVID-19 Prevention Plan (CPP), vaccinated county employees no longer need to wear a face mask at work. That said, those declaring they have not been vaccinated must wear a face covering. If they decline to state, county officials are to treat them as unvaccinated employees. In that event, the employee must then wear a face covering, Hydrick explained.
The new policy applies to all county employees during work except for those teleworking.
Some counties are continuing to have all employees wear legal face coverings, Stuhr discovered while working on the information on CPP.
Supervisor Greg Hagwood compared the CPP directions to a camel getting its nose under the tent. He pointed out that the county has never required employees to get a flu shot. “This has a lot of problematic stuff all over it,” he said.
“And I agree,” Stuhr responded from a legal standpoint. Hagwood added that he’s concerned about legal ramifications concerning the CPP directive.
Questions and answers regarding CPP
Q: Why did Cal/OSHA propose revising the COVID-19 Prevention Emergency Temporary Standards?
A: CPP changes were made in keeping with federal and state changes based on numbers of people vaccinated and in transitioning to a more normal operation.
A: The Occupational Safety and Health Standards Board voted to approve new standards June 3 for Emergency Temporary Standards (ETS) changes, but with some reservations. A new subcommittee is advising on those.
On June 9, the Standards Board voted to remove proposed revisions. Changes to the mask coverings were of concern and further investigated. By June 17, the Standards Board voted to update the ETS. They took place immediately.
Q: What are the primary changes?
- Fully vaccinated employees without symptoms do not need to be tested or quarantined after close contacts with COVID-19 cases unless they have symptoms.
- No face covering requirements outdoors (unless there’s an outbreak), regardless of vaccination status. Employees must be trained on state public health’s recommendations on outdoor face covering use.
- “Employers may allow fully vaccinated employees not to wear face coverings indoors but must document their vaccination status.” This is an area of concern in that the county would be documenting the status of some employees but not others. This could appear as a form of discrimination and concerns Hydrick and others.
- During outbreaks all employees must wear face coverings indoor. They also must be worn outdoors when physical distancing of 6 feet cannot be maintained regardless of vaccination status.
- Employers must provide unvaccinated employees with approved respirators for voluntary use both indoors and in a county vehicle, if requested.
- Employers can’t retaliate against unvaccinated workers who are not wearing face masks.
- “No physical distancing or barrier requirements regardless of employee vaccination status with the following exceptions:
- Employers must evaluate whether it is necessary to implement physical distancing and barrier use during an outbreak of three or more in an exposed group.
- Employers must implement physical distancing and barriers during a major outbreak that includes 20 or more cases.
- There is no physical distancing requirements in employer-provided housing and transportation regulations.
- Where all employees are vaccinated in county provided housing or transportation employers are exempt.
- The county as employers must evaluate ventilation to maximize outdoor air and increase filtrations efficiency, according to the report. The use of additional air cleaning systems is recommended.
Q: Are there requirements from the November 2020 ETS that will remain in place?
A: Yes, including the following:
- An effective written COVID-19 PP.
- Providing training and instruction to employees on the CPP and their rights under the ETS.
- Providing notification to public health about outbreaks.
- Alerting employees of exposure and close contact.
- Requirements of offering testing after exposure.
- Requirements for responding to COVID-19 cases and outbreaks.
- Quarantine and exclusion pay requirements.
- And basic prevention for employer provided housing and transportation.
Physical distancing
Q: Are all physical distancing requirements in the revised ETS gone?
A: It’s similar to changes for the public. Some exceptions apply.
- Nothing in the revised ETs prevents employers from adding more protective measures than required, including physical distancing and barriers.
- Employers must assess workplace hazards and implement controls to prevent disease transmission. There might be times when physical distancing is necessary.
- During an outbreak with three or more employees in a group exposed, employers are required to determine if physical distancing or barriers are necessary to control transmission.
- Physical distancing and barriers must be used with major outbreaks involving 20 or more employees regardless of vaccination status.
Respirators
Q: What is an employer’s obligation in providing respirators?
A: An employer must provide them. There are numerous provisions for what an employer is obligated to do if an employee requests a respirator.
Face coverings
Q: Who has to wear face coverings?
A: They are required indoors and in vehicles for unvaccinated employees. In certain situations everyone must wear a face covering regardless of vaccination status if required by the CDPH.
Places where the CDHP require employee face coverings include the following:
- Public transit
- K-12 education facilities
- Health care and long-term facilities
- Correctional and detention facilities
- Homeless, cooling and emergency shelters
- Although face coverings are not required outdoors, employers must communicate to employees that masks are recommended for unvaccinated person where six feet of distancing cannot be maintained. Employers must provide face coverings to unvaccinated persons and make them available to vaccinated persons if asked.
Q: Are there exceptions to wearing masks indoors?
A: Yes. Usually for unvaccinated people. These are:
- When alone in a room or vehicle
- When eating or drinking
- When an accommodation is required
- When job duties make a face covering infeasible or create a hazard
Q: Are workers protected from retaliation if they chose to wear a mask even if not required?
A: Yes. Employers can’t retaliate against workers for wearing masks even if wearing it is voluntary.
Q: Is documentation required for fully vaccinated people to work without a mask?
A: Yes. Vaccination status must be documented. The employer must document the vaccination status.
- Employees need to provide proof of vaccination.
- The employer records the proof.
- And employees who self-attest to being vaccinated.
- Nothing within the ETS prevents the employers from requiring all employees to wear face coverings.
Q: What if the employee declines to state their vaccination status?
A: Under the ETS is the only thing listed. The answer is redacted on what Hydrick was using.
Testing
Q: What are the testing requirements in the ETS?
A: Employers must offer testing at no cost employees during paid time:
- If symptomatic unvaccinated employees, regardless of whether there is a known exposure. This is a new requirement.
- Unvaccinated employees after an exposure.
- Vaccinated employees after an exposure if they develop symptoms.
- Unvaccinated employees in an outbreak
- All employees in a major outbreak.
Outbreaks
Q: How will Cal-OSHA ensure employees are protected if there is a surge in cases:
A: The revised ETS requires employers to implement protective requirements if an outbreak or major outbreak occurs in the workplace. Cal-OSHA can propose changes to the ETS one additional time, if necessary.
Enforcement
Q: Will Cal-PSHA issue citations to employers who don’t implement the provisions of the June 17 ETS?
A: Employers were to implement procedures by that date. If the employer, in this case the county of Plumas, can’t implement it by that date, they must implement alternative controls to safeguard employees.
