Navigating the Updated Isolation Guidance from California’s Department of Public Health: Implications and Obligations for Employers

The California Department of Public Health (CDPH) recently released updated COVID-19 isolation guidance that has raised hopes for simpler workplace compliance obligations for employers. However, while the guidance clarifies how the new Cal/OSHA non-emergency COVID-19 regulation should be implemented in the workplace, the changes made to isolation requirements for individuals with COVID-19 have caused some confusion.

Despite the ambiguity, here is what you need to know about the updated isolation guidance from the CDPH, and what you should do as an employer.

Understanding the California Department of Public Health’s Updated Guidance and Its Impact on Workplace Obligations

The guidance issued by the California Department of Public Health (CDPH) on March 3, and further clarified through a series of FAQs updated the following Monday, has implications for workplace obligations in two ways. Although this updated guidance does not substantially alter how the Cal/OSHA non-emergency COVID-19 regulation is enforced in the workplace, there has been some confusion surrounding the modifications made to the isolation requirements for individuals with COVID-19.

California employers must pay close attention to the recent changes made by the California Department of Public Health (CDPH) to fully comprehend their implications. The CDPH recently made two announcements on their website, one of which concerns automatic alignment. This change states that employees who have been excluded from work due to being positive for COVID-19 can now return to work on the fifth day, without requiring a negative COVID-19 test. To be eligible for this, the employee must have either no symptoms or mild symptoms that are improving, and they must also be fever-free for 24 hours.

This change provides relief for some employers who may be struggling to keep their workforce safe. By providing flexibility on when employees can return to the workplace, employers can better manage workplace health and safety in a manner that suits their specific needs.

The changes outlined in CDPH’s guidance have been confirmed by Cal/OSHA, which updated its FAQs on March 13. With this confirmation, employers can now allow employees with COVID-19 to return to work after Day 5 without requiring a negative COVID-19 test, as long as the employee has either no symptoms or only mild symptoms that are improving, and they have been fever-free for 24 hours.

What Employers Should Do

Despite the changes to the CDPH guidance and Cal/OSHA clarification, employers are required to ensure that COVID-19 cases returning to work wear masks for the full 10-day period (until further notice). Additionally, employers should continue to adhere to their COVID-19 control measures and any measures implemented to minimize the spread of the virus in the workplace.

Moreover, employers should be ready to adjust and update their COVID-19 response plan in line with advancements in the ongoing battle against the virus, incorporating any additional changes to the CDPH guidelines.

In conclusion, California employers should ensure they stay updated on any changes made to the CDPH’s guidance and their implications for COVID-19 control measures in the workplace. Although the changes offer some flexibility, they also emphasize the ongoing requirement for vigilance and adherence to workplace COVID-19 obligations. Employers need to remain vigilant and equipped to adjust and customize their COVID-19 response plan to manage any emerging risks or developments.

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