As of today, February 3, 2025, California employers mostly no longer have any COVID-19 prevention regulatory requirements, with the exception of reporting and recording requirements under 8 CCR subsection 3205(j).
Implemented on February 3, 2023 — replacing the COVID-19 Emergency Temporary Standards revised multiple times from 2020 through 2022— the California Division of Occupational Safety and Health’s (Cal/OSHA’s) COVID-19 nonemergency standards required employers to address COVID-19 as a workplace hazard through their Injury and Illness Prevention Programs, including, for example:
- Identifying and responding to employees with COVID-19 symptoms;
- Excluding COVID-19 cases from the workplace;
- COVID-19 testing, face covering, respirator and ventilation requirements;
- Reporting major outbreaks to Cal/OSHA; and
- Various requirements related to employer-provided transportation and housing.
With these requirements set to expire on February 3, employers will have more flexibility in addressing COVID-19 in the workplace based on their specific business operations and circumstances.
Remember, however, Subsection 3205(j) remains in effect until February 3, 2026, and requires employers to keep a record of and track all cases of COVID-19 in their workplace. Records must include the following information:
- The employee’s name;
- Contact information;
- Employee’s workplace location;
- Date of the employee’s last day worked; and
- Date of the positive test or COVID-19 diagnosis.
Employers must retain these records for at least two years. Additionally, employers must maintain COVID-19 exposure notice records that they issued under the COVID-19 regulation or California’s now-expired COVID-19 exposure notice law (Labor Code section 6409.6). Employers must provide the records to local health departments and government agencies when required by law or on request.
While the COVID-19 prevention regulations are largely expiring, employers must still provide a safe and healthy workplace, per Labor Code section 6400, and maintain an effective Injury and Illness Prevention Plan (IIPP). In other words, depending on the circumstances, employers should still evaluate COVID-19 as a potential workplace hazard under their IIPP and, if needed, put appropriate precautions and procedures in place. Employers should consult legal counsel with questions related to the circumstances specific to their worksites.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber and Mike McCluskey, Senior Technical Editor, CalChamber
CalChamber members can read more about Injury and Illness Prevention Plans in the HR Library. Not a member? See how CalChamber can help you.
