By Eric D. Morton
Governor Newson announced that California will open on June 15th. Individuals will no longer be required to wear masks in public places. However, employers must still manage Covid-19 prevention. The California Occupational Safety and Health Standards Board on June 3 revised Cal/OSHA’s revised COVID-19 prevention emergency temporary standards in light of falling infection rates and increasing vaccination numbers.
For employees working indoors:
- If all such employees are fully vaccinated, have been fully vaccinated for at least 14 days and have no symptoms, they do not need to wear masks or socially distance.
- If any employees do not meet the above requirements, then all indoor employees must be fully masked and maintain social distancing.
Outdoor employees who are vaccinated are not required to wear masks. Unvaccinated employees working outdoors are required to wear a mask if they are within six feet of another person.
Employers are required to continue to maintain a written Covid Prevention Plan. Fully vaccinated workers who have had close contact with Covid-19 do not need to be excluded from the workplace. More about workplace guidelines can be found here.
Requiring a vaccination
Employers can require employees to be vaccinated but they must be careful. Employers must be not violate individuals rights under disability and privacy laws. Generally speaking, employers should not ask questions that could related to someone’s disability but should leave those to a third party administering the vaccine. The employer must also give reasonable accommodations to those who have disabilities or sincerely held religious beliefs that prevent them from taking the vaccine.
The big question is how to tell whether nor not an employee is vaccinated. Some sources state that employers should not ask for proof of vaccination but the Equal Employment Opportunity Commission (EEOC) holds that employers can ask for proof as long as they do not inquire further such as to violate privacy and disability rights.
Cal-OSHA will be reevaluating its standards frequently as infection rates drop and more information is known. Employees should continue to monitor the latest rules as California continues to open.
Eric D. Morton is the principal attorney of Clear Sky Law Group. He can be reached at 760-722-6582, 510-556-0367, or emorton@clearskylaw.com
