CDPH Announces Sunset Dates For Many COVID-19 Requirements
On March 3, the California Department of Public Health (CDPH) announced sweeping changes to its COVID-19 guidance related to masking, vaccination, and isolation after a positive COVID-19 test. Most significantly, as of April 3, 2023, vaccination and masking will no longer be required of certain healthcare professionals and those working in other high risk settings.
Additionally, beginning March 13, the isolation period for a person who has tested positive for COVID-19 may end after 5 days regardless of whether they test negative on day 5 or later. These changes will effect how many employers approach COVID-19 in the workplace moving forward and are described in additional detail below.
Masking in High-risk and Health Care Settings
Beginning April 3, masks will no longer be required in indoor high-risk and health care settings. This includes health care, long-term care, and correctional facilities as well as homeless, emergency, and warming and cooling centers. The CDPH stated that the reason for delaying this change to April 3, is to allow local health departments and individual health care facilities to develop and implement plans customized to their needs and local conditions. Presumably, this leaves the door open for healthcare employers to continue to mandate masking based on individual factors such as their facility, patient demographics and community transmission rates. The remaining CDPH recommendations for the use of face masks for individuals in non-healthcare settings remain unchanged. See masking guidance.
Vaccine Requirement Sunsets for Health Care Workers
Beginning April 3, California will no longer require vaccination for health care workers including those in adult care, direct care, correctional facilities, and detention centers. Similar to the delay in the masking guidance, this change takes effect on April 3 to allow local health departments and facilities to develop and implement plans customized to their needs. Again, this leaves the door open for employers to determine whether they would like to continue requiring vaccination as a condition of employment. Notably, the EEOC’s Guidance on this issue remains unchanged and contemplates an employer’s ability to have a generally applicable vaccination requirement, which appropriately accommodates medical conditions and sincerely held religious beliefs. We encourage any employer wishing to implement or continue a mandatory vaccination program to first discuss their decision with counsel, as there are many intricacies to consider.
Reduced Isolation Time After Positive COVID-19 Test
Beginning March 13, a person who tests positive for COVID-19 may end isolation after five days if they feel well, have improving symptoms, and are fever-free for 24 hours. Previously, the person must have tested negative prior to returning to work before the 10thday after their positive test. This change aligns the CDPH with Centers for Disease Control and Prevention (CDC) recommendations. Employers should make the necessary adjustments to their COVID-19 prevention plans to incorporate this change.
Disease Control and Prevention Order
The state public health officer order formerly known as Beyond the Blueprint is being updated to align with CDPH's isolation and quarantine recommendations above and includes an updated definition for a confirmed COVID-19 case. The updated order, which will take effect March 13, provides prevention and mitigation strategies for slowing the spread of COVID-19 in homes, workplaces, and communities. Employers should review this order to stay abreast of all the strategies for keeping their employees safe and healthy when it comes to COVID-19.
While COVID-19 may be appearing to fade away, there is still a significant amount of regulation that employers must be aware of to remain complaint. Stradling attorneys are well versed in guiding employers through these matters and are ready to assist when and where needed. Don’t hesitate to reach out if you have questions or need assistance complying with these new requirements.
