News & Press

CAL/OSHA Provides FAQs For Proposed Revisions to COVID-19 Regulations

Tue, 15 Jun 2021 19:48:18 GMT

(Formerly CALPASC)

CAL/OSHA Provides FAQs For Proposed Revisions to COVID-19 Regulations That Are Likely To Become Effective Thursday, June 17, 2021

As we alerted previously, we expect that the Cal/OSHA Standards Board will approve the revisions on Thursday, and Governor Newsom will issue an Executive Order eliminating the 10 day review, making them effective immediately.

The good news is it will allow fully vaccinated employees to not have to wear face coverings indoors as of that date, as well as physical distancing will be eliminated except for outbreaks. And, the FAQs state that employers can allow employees to self-attest whether they are vaccinated or not.

The difficult part is a very convoluted procedure for making N95 respirators available for unvaccinated employees who work indoors or are in vehicles. You can read about the procedure in the FAQs.

Click here for the link to the FAQs just posted.

Click here for the link to the proposed revisions.

HCC Director of Risk Management Bruce Wick submitted a new comment letter for the June 17, 2021 Board meeting. The letter incorporates the dramatic reduction in outbreaks in California, and again asks the Board to eliminate the COVID-19 regulations, and return to the IIPP regulations. You can see a copy of that letter here: (insert document)

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-55-9623, or bwick@housingcontractors.org.

CAL/OSHA Lists More Information On The COVID-19 Regulations

Fri, 2 Apr 2021 16:08:37 GMT

(Formerly CALPASC)

CAL/OSHA Lists More Information On The COVID-19 Regulations

Cal/OSHA has added 9 more responses in their Q & A document. They are listed as questions 12-20 under the Exclusion Pay and Benefits section.

You can click here to see these latest additions.

Any questions, please contact HCC Director of Risk Management Bruce Wick, at 760-535-9623, or bwick@housingcontractors.org.

Please Read and Share This Important Reminder Of The Impact COVID-19 On Construction Materials

Mon, 29 Mar 2021 16:19:27 GMT

(Formerly CALPASC)

Please Read and Share This Important Reminder Of The Impact COVID-19 On Construction Materials

Click here to review the letter from HCC.

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@housingcontractors.org.

CA Labor Commissioner Issues a 2021 COVID-19 Supplemental Paid Sick Leave Notice to Employee Form &

Wed, 24 Mar 2021 17:25:48 GMT

(Formerly CALPASC)

CA Labor Commissioner Issues a 2021 COVID-19 Supplemental Paid Sick Leave Notice to Employee Form & FAQs

Click here for a copy of the Notice to Employee form: 2021 COVID-19 Supplemental Paid Sick Leave (ca.gov)

Click here to see the online FAQs: 2021 COVID-19 Supplemental Paid Sick Leave FAQs (ca.gov)

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623 or bwick@housingcontractors.org

California Forges Ahead With Mandated Paid Sick Leave

Thu, 18 Mar 2021 17:23:34 GMT

(Formerly CALPASC)

California Forges Ahead With Mandated Paid Sick Leave

Per our previous alert, the two identical paid sick leave bills continue to work their way through the legislature. One of the two bills, SB 95 and AB 84 will be passed by the end of the week. It is expected the Governor will sign whichever bill becomes the vehicle, early next week. Employers will have 10 days after the bill signing to have all in place to be in compliance.

Important features of the bill:

It provides up to 10 days paid sick leave for employees for a myriad of potential COVID related issues.
It will be retroactive to January 1, 2021.
The Labor Commissioner is required to develop a draft notice within 7 days of the signing; for employers to provide to employees.
For the retroactive part, the employee must request being paid for time off taken between January 1, 2021, and the bill being signed. Unfortunately, that request can be given orally as well as in writing, so supervisors and HR personnel must be vigilant.
The retroactive payment and revised paystubs must be paid on or before employee’s payday for the next pay period, from the employee request.
It does not apply to employers with 25 employees or less.
Employees can’t be required to take other sick or paid leave time first. There is an exception for paid time off plans that fully cover the reasons to be off and the pay required. Check carefully if you have a PTO plan that might cover this obligation. The verbiage is under (c) of the new section 248.1 of the bill.
The employer however, may require the employee to take this paid sick leave prior to taking any leave for being excluded from the workplace due to the Cal/OSHA COVID-19 regulations.
The paid sick leave ends on September 30, 2021. If an employee is taking paid sick leave, they would be allowed to continue to its expiration after September 30, 2021.
Some of the costs involved may be paid by the federal government through payroll tax credits. Sadly, some of the legislators and state department of finance personnel were not forthright on the limitations of these tax credits.
The tax credits don’t apply to employers with 500 or more employees.
The tax credits are limited to a $200 cap per day per employee, when the employee is taking care of others or seeking vaccines. It is anticipated that there will be FAQs from the state to clarify these issues
HCC members can click below to see a copy of the bills as amended on Monday, March 15, 2021:
Please click here for bill AB-84
Please click here for bill SB-95

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@housingcontractors.org

California Revamps Its COVID Vaccine Distribution

Fri, 5 Mar 2021 15:43:05 GMT

(Formerly CALPASC)

California Revamps Its COVID Vaccine Distribution

The Governor announced yesterday that the state will be revising its distribution system for the two week period beginning March 8, 2021; and then readjust. The revised system will be firstly allocated by 70% age and 30% sector(such as child care workers); for the second part, the state will take 40% of its vaccine supply, and provide them to the communities hardest hit by COVID-19. They did not clarify in the announcement which areas would get the increased number of vaccines, but hopefully that information will be forthcoming.

While there is no change in priority for employees of construction and material suppliers, those workers who live in the communities being targeted, may be able to get on the vaccine appointment list earlier.

HCC members can alert their workers to seek vaccines either at:

(833) 422-4255, or by clicking here.

You can see the Governor’s announcement by clicking here.

You can see the fact sheet on the revised vaccine distribution by clicking here.

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@housingcontractors.org

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State of California Changes the Vaccine Distribution Program

Mon, 1 Feb 2021 18:47:07 GMT

State of California Changes the Vaccine Distribution Program

The Dept. of Public Health announces three major changes. First, the state is taking the authority for distribution away from the counties. There will be a statewide program for distribution only. Second, the state is turning the distribution program over to Blue Shield. Third, the state started with a Phase and Tier system, that focused on certain high exposure populations to get vaccines first. Health care, first responders; and older persons were prioritized. Then it has focused on food and agriculture workers. We had hoped that essential workers such as construction would be in the next set of Tiers. Unfortunately, the state has decided that from here, they will prioritize by age, with descending tiers from the current 65 and older group. That will put many younger construction workers in a later group to receive vaccines.

HCC members can click here for the CDPH website on vaccines.

CAL/OSHA Adds 2 New Items To COVID-19 Regulations Q&A Document

Wed, 27 Jan 2021 23:55:45 GMT

(Formerly CALPASC)

CAL/OSHA Adds 2 New Items To COVID-19 Regulations Q&A Document

The items involve questions on where to find COVID testing for employees, and how large employers might arrange testing for their employees. They are questions 10 and 11 under the Testing tab.

Click here for the revised Q & A

Any questions contact HCC Director of Risk Management Bruce Wick at bwick@housingcontractors.org, or 760-535-9623.

CA Department of Public Health Lifts Regional Stay At Home Orders

Mon, 25 Jan 2021 17:15:05 GMT

(Formerly CALPASC)

CA Department of Public Health Lifts Regional Stay At Home Orders

The CDPH now is reverting to the former county by county tier system. Many indoor operations will remain in a prohibited state, but many outdoor operations, and certain activities such as nail salons and barber shops, may be allowed to operate.

HCC members will need to now look at the health orders for each county or city they operate in. Obviously construction remains an essential operation statewide.

You can see a copy of the state order by clicking here.

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@calpasc.org.

CAL / OSHA Posts Schedule Of Webinars On New COVID-19 Regulations

Wed, 20 Jan 2021 15:46:43 GMT

(Formerly CALPASC)

CAL / OSHA Posts Schedule Of Webinars On New COVID-19 Regulations

Cal/OSHA has finally posted its webinar schedule. These webinars are for training and understanding the new Cal/OSHA COVID19 regulations.

Click here to see the schedule.

Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@calpasc.org

Members Are Encouraged To Join A COVID-19 Safety Stand Down The Week Of January 11-15, 2021

Fri, 8 Jan 2021 16:05:05 GMT

(Formerly CALPASC)

Members Are Encouraged To Join A COVID-19 Safety Stand Down The Week Of January 11-15, 2021

There are resources from the National Association of Home Builders to follow for a short stand down next week. Housing Contractors of California members can click here to see those resources.

Any questions please contact HCC Director of Risk Management Bruce Wick at bwick@calpasc.org; or 760-535-9623.

Federal EEOC Issues Guidance On Employees Rights Regarding Employers Requiring Them To Take Vaccines

Fri, 18 Dec 2020 18:16:23 GMT

The Federal Equal Employment Opportunity Commission(EEOC) has published new guidance on what employers can and cannot do when vaccines become available for their employees. New section K at the bottom of the guidance document lists that information. CALPASC members will want to consider the information carefully, and are advised to consult with counsel as to their position on requiring employees to take a vaccine.

Click here to see the guidance document.

Any questions please contact CALPASC Director of Risk Management Bruce Wick at bwick@calpasc.org; or 760-535-9623.

Here Is A Side By Comparison Educational Piece On COVID-19 Reporting

Fri, 18 Dec 2020 17:54:49 GMT

This is not a compliance checklist, but is intended to educate members on the differences in reporting requirements under the various laws, rules, guidance, and regulations. It is very confusing and a sad commentary that California would put so difficult a burden on employers. But these are what employers have to work with, including AB 685 kicking in January 1, 2021.

Members can click here for a copy of the document.

Any questions please contact CALPASC Director of Risk Management Bruce Wick at bwick@calpasc.org; or 760-535-9623.

There Are Several News Items Regarding COVID-19

Wed, 16 Dec 2020 18:14:30 GMT

There Are Several News Items Regarding COVID-19

Cal/OSHA has introduced training modules on COVID for both supervisors and workers. These modules were not developed to comply with the fullness of the new COVID-19 regulations that were effective November 30, 2020; but are effective in training personnel on the basics of COVID and COVID prevention. You can click here for the link.
Cal/OSHA now has a specific page that shows all COVID-19 employers who have been cited. You can review this to see what kind of citations are being issued, and for how much. Obviously many of them will be appealed. You can click here for the link.
Federal OSHA gives guidance on ventilation for workplaces. While Federal OSHA rules are not enforceable in California except for Federal properties and projects, this is information to consider. You can click here for the link.
The Federal Department of Labor continues enforcement and citations of employers who fail to pay sick leave or family leave under the Families First Coronavirus Response Act. You can click here to see the latest example of a Canoga Park employer who has to pay $19, 964 in back wages.

Two California Regions Come Under Stay At Home Orders, Construction Still Exempt

Mon, 7 Dec 2020 15:51:42 GMT

The San Joaquin and Southern California regions of the state have now come under the statewide orders, but construction is still an essential industry.

You can see the latest by clicking here.

Any questions please contact CALPASC Director of Risk Management Bruce Wick, at bwick@calpasc.org; or 760-535-9623.

5 Bay Area Counties and Berkeley Issue Their Own Stay At Home Order, Construction Exempted

Fri, 4 Dec 2020 21:59:40 GMT

The counties of Alameda, Contra Costa, Marin, San Francisco, and Santa Clara as well as the City of Berkeley are jointly announcing that they will implement the State's Regional Stay Home Order now.

Most of the Bay Area Health Officers will implement the State's Regional Stay At Home Order as of Sunday December 6, 2020. In Alameda County, it is scheduled to take effect on Monday, December 7, 2020, and Marin County's order will take effect Tuesday, December 8. The new restrictions will remain in place until January 4, 2021.

Since they are implementing the state's order on their own, it follows the same format, that construction is exempt.

You can read a copy of the joint orders by clicking here.

Any questions please contact CALPASC Director of Risk Management Bruce Wick at bwick@calpasc.org; or 760-535-9623.

Governor Newsom Issues New Statewide Shelter In Place Order, Residential and Most Other Construction

Thu, 3 Dec 2020 21:14:38 GMT

Governor Newsom issued a new Executive Order December 3, 2020, which will take effect very shortly, based on notice to be given. When the notice is given, it will take effect 2 days from then, and last at least three weeks.

It is very similar to the March 2020 order, except the state will be divided into 5 regions, and stay at home orders will take place for those regions where ICU availability drops below 15%.

All non-essential travel is prohibited statewide.

It exempts many essential businesses, including residential construction, and many other types of construction the same as the March 2020 order; including suppliers of construction materials. Those businesses can continue to operate, while obviously following COVID-19 regulations.

You can see information regarding the order by clicking here.

Any questions please contact CALPASC Director of Risk Management Bruce Wick at bwick@calpasc.org; or 760-535-9623.

Los Angeles Mayor Issues Stay At Home Order, Construction and Supply Activities Exempt

Thu, 3 Dec 2020 16:51:12 GMT

Mayor Garcetti issued a new stay at home order on December 2, 2020. While prohibiting many businesses from requiring employees to work at the place of business, there are exemptions for construction, suppliers, and service contractors.

The exemptions for service contractor work are found on page 4, item 9.

The exemptions for construction and supply are found on page 10, item G.

You can see a copy of the order by clicking here.

Any questions please contact CALPASC Director of Risk Management Bruce Wick at bwick@calpasc.org, or 760-535-9623.

Avoid Confusion in COVID-19 Reporting

Thu, 8 Oct 2020 18:33:02 GMT

Avoid Confusion in COVID-19 Reporting

There is a lot of conflicting information out regarding when, where, and how employers are required to report COVID-19 cases. Following is the current information, which will be changing as noted over the next few months.

Employers in California are required by the California Department of Public Health to report an outbreak to their local health department. An outbreak is 3 or more employees who have tested positive within a 14 day period. Local city and county health departments may have their own reporting requirements. You can read a copy of the state guidelines by clicking here.
Employers who have 5 or more employees are required by SB 1159 to report any employee who tests positive, within 3 business days, to their workers' compensation claims adjustment firm or insurer. You cannot identify the employee unless they are also filing a WC claim. This report is solely for the claims administrator to determine if there is a rebuttable presumption due to an outbreak of 4 or more employees within 14 days, at a particular jobsite. The number is 4% if there are more than 100 employees. You can click here for the CALPASC alert on SB 1159. Important note: the state has allowed the retroactive reporting deadline for those employees who tested positive between July 6, 2020; and September 17, 2020; to be extended to October 29, 2020.
AB 685 is a COVID-19 reporting law, but it does not take effect until January 1, 2021. CALPASC will be reviewing this bill and others at the October 27, 2020 new laws webinar.
The Cal/OSHA Standards Board has voted to have staff prepare an emergency regulation on COVID-19, to be voted on at its November 19, 2020 meeting. That regulation may have yet another reporting notice. We will keep you alerted as to the outcome of that proposed regulation.

California Department of Public Health (CADPH) Issues Updated Guidance on COVID-19 Requirements

Fri, 25 Sep 2020 17:35:55 GMT

California Department of Public Health (CADPH) Issues Updated Guidance on COVID-19 Requirements

Employers must report to the local department of public health when there are 3 or more cases in a two week period. The requirements begin at the bottom of page 3 on the document below. The revised requirements for when employees are allowed to return to work begin at the bottom of page 7. You can click here to link to the document.