News & Press

Paid Leave for COVID & FED/OSHA Withdraw Vaccine or Testing Mandate

Thu, 27 Jan 2022 05:00:00 GMT

(Formerly CALPASC)

Housing Contractors of California strongly opposes Single Payer Health Care! We need your help to stop this train wreck of an idea!

Single Payer is being promoted through AB 1400, which would create CalCare in law. It has no real details of how the state would or could effectively run a health care program for all Californians, other than establishing a Governing Board, with appointees by the Governor. The promoters speak about it in concept, and as a possibility, but they provide no specifics of how the program could effectively operate, or how much it would actually cost. You can click here for the latest version of AB 1400.

A companion piece, ACA (Assembly Constitutional Amendment) 11, would supposedly provide the funding for program. ACA 11 would tax primarily businesses and higher wage earners $163 Billion per year! And that is if California could get the Federal Government to transfer all funding for Medicare and Medicaid to CalCare. That has never been done by the Feds, and even if the Biden administration agreed, the next administration could overturn it. And even then, we don’t know if it would cover the cost. ACA 11 would require a two thirds vote of each house of the legislature, and then be approved by two thirds of California voters.

It is not likely that ACA 11 would eventually pass, but many Democrats are considering voting for AB 1400, to make peace with the progressive activists. We need to stop this bad idea. HCC Director of Risk Management Bruce Wick, and contract lobbyist RJ Cervantes, are working with our coalition partners in the legislature to try and stop this very bad idea. You can click here to see a copy of the Floor Alert, with our HCC logo 4^th down on the right.

We are asking you to contact your Assemblymember with the simple message, vote no on AB 1400. Click here to find your Assembly representative.

Governor Newsom announces agreement on reinstituting Paid Sick Leave for COVID

The agreement has not been put in writing yet, in either a regular bill or a budget trailer bill. The outline of the agreement is as follows.

Provide workers with up to two weeks of supplemental paid sick leave to recover from COVID-19 or care for a family member with the virus.

Would apply to all businesses with 26 or more employees.
Require employers to provide up to 40 hours of flexible paid leave to full-time workers who are sick or caring for an ill loved one
Require proof of a positive test to qualify for an additional 40 hours of paid time off.
Part-time workers would be eligible for sick leave equal to the number of hours they typically work in a week or twice that amount with a positive test.
Would be retroactive to cover coronavirus-related absences since Jan. 1 and extends until Sept. 30, 2022.
Employer has to pay for the test. If an employee refuses to take a test, they will not be entitled to sick leave.
Finally, the agreement includes separate proposals to restore NOL and R&D tax credits that were suspended and capped two years.
Provides $130m for small business grants to complete unfunded applications from 2021.

We will give you more details as soon as they become available. You can click here to see the Governor’s announcement.

Good News that FED/OSHA is withdrawing the vaccine or testing mandate for large employers

Conceding that they were likely to lose in the final judgment of the U.S. Supreme Court, the Biden administration withdrew the regulation. It will not be hanging over our heads.

As the California legislature has a group working on a potential vaccine mandate for employers, we hope this gives them pause.

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

CAL/OSHA Reminds Employers to Protect Outdoor Workers From Heat Illness

Tue, 29 Jun 2021 20:07:05 GMT

(Formerly CALPASC)

CAL/OSHA Reminds Employers to Protect Outdoor Workers From Heat Illness

Cal/OSHA is reminding all employers to protect outdoor workers from heat illness as excessive heat warnings have been issued throughout the state with high temperatures forecast through this Thursday. Employers in California must take steps to protect outdoor workers from heat illness by providing water, rest, shade and training.

Cal/OSHA’s heat illness prevention standard applies to all outdoor worksites. To prevent heat illness, the law requires employers to provide outdoor workers fresh water, access to shade at 80 degrees and whenever requested by a worker, cool-down rest breaks in addition to regular breaks and maintain a written prevention plan with training on the signs of heat illness and what to do in case of an emergency.

It is important for employers to assess the risk of heat illness based on a worker’s duties and take appropriate steps to prevent them from getting sick. Regardless of the level of risk, all outdoor workers must be protected equally and employers with outdoor workers must maintain an effective heat illness prevention plan year-round.

Employers with outdoor workers in all industries must follow these heat illness prevention requirements:

Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.
Training – Train all employees and supervisors on heat illness prevention.
Water – Provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 1 quart per hour, and encourage workers to do so.
Rest – Encourage workers to take a cool-down rest in the shade for at least five minutes when they feel the need to do so to protect themselves from overheating. Workers should not wait until they feel sick to cool down.
Shade – Provide proper shade when temperatures exceed 80 degrees. Workers have the right to request and be provided shade to cool off at any time.

Cal/OSHA’s Heat Illness Prevention special emphasis program includes enforcement of the heat regulation as well as multilingual outreach and training programs for California’s employers and workers. Details on heat illness prevention requirements and training materials are available online on Cal/OSHA’s Heat Illness Prevention web page and the 99calor.org informational website. A Heat Illness Prevention online tool is also available on Cal/OSHA’s website.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Employers who have questions or need assistance with workplace health and safety programs can call Cal/OSHA’s Consultation Services Branch at 800-963-9424. Workers who have questions about heat illness prevention can call 833-579-0927 to speak with a Cal/OSHA representative during normal business hours. Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices.

Employers with Questions on Requirements May Contact: InfoCons@dir.ca.gov, or call your local Cal/OSHA Consultation Office.

Governor Newsom Issues The Expected Executive Order Making The CAL/OSHA Ruling Effective Immediately

Thu, 17 Jun 2021 23:39:31 GMT

(Formerly CALPASC)

Governor Newsom Issues The Expected Executive Order Making The CAL/OSHA Ruling Effective Immediately

You can click here for a copy of the Executive Order.

The Governor also issued instructions for employers wishing to request N95 respirators for free, from the state. You can click here for that information.

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

CAL/OSHA Standards Board Approves Revisions To COVID-19 Regulations. We Expect The Governor To Issue

Thu, 17 Jun 2021 22:15:32 GMT

(Formerly CALPASC)

CAL/OSHA Standards Board Approves Revisions To COVID-19 Regulations. We Expect The Governor To Issue An Executive Order Making The Regulations Effective Immediately.

As we have previously alerted, the Standards Board approved the amendments. HCC Director of Risk Management Bruce Wick testified at the hearing today. Click here to see a copy of the written comments he submitted Tuesday.

It is hoped that the Governor will allow a grace period of time for employers to get into compliance. We will update you as soon as we hear from the Governor.

The good news is the revisions will allow fully vaccinated employees to not have to wear face coverings indoors as of today, 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.

Note: It was represented in the meeting today that the state of California will be providing at no cost at central locations, N95 respirators equal to one month’s anticipated use by an employer’s unvaccinated employees. We will provide more information as it becomes available.

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

Governor Newsom Announces He Will Waive The OAL Time Frame, Allowing The Proposed CAL/OSHA COVID-19

Mon, 14 Jun 2021 19:15:46 GMT

(Formerly CALPASC)

Governor Newsom Announces He Will Waive The OAL Time Frame, Allowing The Proposed CAL/OSHA COVID-19 Regulatory Changes To Take Effect Immediately, If Approved, June 17, 2021

It had been previously advised that the regulations would follow emergency regulatory procedures, and need 10 day review by the Office of Administrative Law(OAL), before becoming effective.

The Governor will be issuing and Executive Order exempting the regulations from that process. If the Cal/OSHA Standards Board approves the proposed revisions on Thursday, June 17, 2021, they would then take effect immediately.

HCC Director of Risk Management Bruce Wick will be testifying during that meeting, and will send an alert as soon as we know the outcome. HCC members need to be prepared to implement the revisions per our previous webinar, and the alert earlier today!

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

CAL/OSHA Issues Revised COVID-19 Regulations, That Will Be Voted on June 17, 2021. If Approved, They

Mon, 14 Jun 2021 17:41:28 GMT

(Formerly CALPASC)

CAL/OSHA Issues Revised COVID-19 Regulations, That Will Be Voted on June 17, 2021. If Approved, They Go Into Effect June 28, 2021

As we discussed, the situation with Cal/OSHA making some attempt to be in line with the CDC revised COVID-19 guidelines has been chaotic. The chaos continues with the newest proposal, but there were some improvements. As you know, HCC believes the COVID-19 specific regulations should be rescinded, utilizing the Injury and Illness Prevention Program regulations; along with the most recent guidance. A rescinding of the specific regulations appears unlikely. Unvaccinated employees will be unhappy with the revised proposal, and employers are still given too much responsibility. HCC Director of Risk Management Bruce Wick will be testifying on June 17, 2021.

Following is an outline of where things are at this point.

1. What will happen June 15, 2021?

The public in California will have new guidance from the California Department of Public Health. A new health order was issued by CDPH on Friday afternoon, June 11, 2021. It allows for:
Vaccinated persons to not wear face coverings outdoors or indoors, with the exception of:
Public transportation, including buses, airplanes, airports, etc.
Schools.
Health care facilities.
Correctional facilities.
Homeless, emergency, or cooling shelters.
Businesses will still have the right to require everyone in their establishment to wear face coverings.
Businesses will have the option of whether to allow vaccinated persons to self-attest or show proof.
Capacity limits and physical distancing will not be required
There will be special requirements for mega events, 5,000 or more persons indoors, or 10,000 more persons outdoors.
Workplaces in California will still be under the original COVID-19 regulations that began November 30, 2020. There will be no changes for vaccinated persons in the workplace.

2. What will happen June 17, 2021?

The Cal/OSHA Standards Board will vote on the revised proposal.
If the vote is yes, which is likely, the regulations would go to the Office of Administrative Law(OAL); and likely be effective June 28, 2021.
If the vote is no, then it is back to the drawing board. Again, HCC would greatly appreciate eliminating the COVID-19 specific regulations entirely, but don’t think the current Board members will approve.

3. What will happen June 28, 2021?

If the new regulations take effect, it will be with the following changes from the proposed regulations that were voted to approve on June 3, 2021, that we held a Webinar on for HCC members June 4, 2021.
The requirement for documentation of vaccinated individuals has changed. The wording has gone from the employer “has documentation showing” that the person received; to the employer “has documented” that the person received. While a small change, the employer doesn’t have to have a copy of a vaccine card.
The requirement that everyone had to be vaccinated in a room before removing face coverings has changed. The wording now says fully vaccinated persons don’t need to wear face covering indoors. This is a helpful change. Unvaccinated persons will be required to wear a face covering while indoors or in vehicles.
The problem of N95 respirators has been partially addressed, but not very well. They simply took the previous proposal, and inserted in the front of the original sentence, “Upon request”. Employers will need to provide N95 respirators to unvaccinated individuals who work indoors or are in vehicles with other persons, “upon request”. It is unclear how many N95s must be available, and how soon they must be provided after the request . The wording on the proper size still remains. It does give some relief that the employer can respond to an employee request for the N95s. We anticipate a Q & A document will give more clarity. This is found in section (c)(7)(D)(2)on page 11 of the text for board readoption.
The revised proposal retains an ambiguous sentence that employers need to be aware of. When notifying workers of a COVID-19 case in the workplace, the following sentence appears. “If the employer should reasonably know that an employee has not received the notice, or has limited literacy in the language used in the notice, the employer shall provide verbal notice, as soon as practicable, in a language understandable by the employee”. This is located in section (c)(3)(B)(a) located on page 6 of the text for board readoption below.
Physical distancing would no longer be required, but partitions would still be required until July 31, 2021.

To read the actual text for the board readoption, please click here. Here is the link to the actual text for board readoption.

To read the Here is the link to the version showing the differences between the original COVID-19 regulation and the cumulative proposed changes, click here.

For the updated CDPH guidance on face coverings, click here.

For the updated CDPH overall guidance for June 15, 2021, click here.

For the CDPH safety order issued June 11, 2021, click here.

We will provide more information as it becomes available. Any questions please contact HCC Director of Risk Management Bruce Wick at 760-535-9623, or bwick@housingcontractors.org.

CAL/OSHA Standards Board Is Planning To Vote On A Revised COVID-19 Standard On June 17, 2021

Thu, 10 Jun 2021 17:09:08 GMT

(Formerly CALPASC)

CAL/OSHA Standards Board Is Planning To Vote On A Revised COVID-19 Standard On June 17, 2021

The Standards Board withdrew what they approved on June 3, 2021; which would have taken effect June 15, 2021. They asked Cal/OSHA to make revisions to that proposed regulation. We anticipate having the revisions posted by Friday, June 11. We will review and get that information to you, as soon as we have opportunity. If those changes are approved at their June 17, 2021 meeting, they will take effect approximately June 28, 2021. Attempting to be clear with this bureaucratic mess, there will be no changes to the original Emergency Temporary Standard enacted in November, 2020; on June 15, 2021. But it strongly appears that they will approve revisions on June 17, 2021; that would take effect on June 28, 2021.

HCC Director of Risk Management Bruce Wick testified at the meeting last night, and submitted the a letter to the Standards Board, click here to view the letter. Bruce Wick also appeared on the news, to view the clip, click here.

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

CAL/OSHA Standards Board Has Called An Emergency Meeting on Wednesday, June 9, 2021

Tue, 8 Jun 2021 16:42:36 GMT

(Formerly CALPASC)

CAL/OSHA Standards Board Has Called An Emergency Meeting on Wednesday, June 9, 2021 at 5:00 pm, Regarding The COVID-19 Regulations

The bizarre proceedings continue. HCC Director of Risk Management Bruce Wick, will be attending and testifying at this meeting. They don’t have a specific proposal noticed, but they have set a placeholder in their regular June 17, 2021 Board meeting agenda to re-adopt regulations on COVID-19.

HCC members may want to hold off with the implementation of the new regulatory changes, until we hear what the Board is planning on Wednesday night. We will issue an alert first thing Thursday morning.

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

CAL / OSHA Is Requesting The Standards Board To Not Vote Today On The Proposed Revisions To The COVI

Thu, 20 May 2021 15:41:25 GMT

(Formerly CALPASC)

CAL / OSHA Is Requesting The Standards Board To Not Vote Today On The Proposed Revisions To The COVID-19 Regulations

If the board follows that suggestion, we will cancel our webinar scheduled for tomorrow.

HCC Director of Risk Management received a notice last night that Cal/OSHA (The Division of Occupational Safety and Health) is requesting the Cal/OSHA Standards Board to not vote to approve the proposal noticed for adoption at the public meeting today, May 20, 2021. This is due to the onerous requirements for ongoing provision of masks and N95 respirators in the proposal. As we know, Governor Newsom has said the state will reduce its masking requirements as of June 15, 2021.

Cal/OSHA’s notice said that they will be revising the current proposal in light of the expected statewide changes, and hope to have the Standards Board vote at a special meeting prior to June 15, 2021.

Bruce Wick will continue to oppose the problems in the proposal, not just with the mask/respirator issue; at the Standards Board meeting today.

We will send an alert as soon as the Board rules today, and if they do choose not to vote, we will confirm the cancellation of tomorrow’s webinar.

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

CAL / OSHA Has Important New Announcements on COVID-19 Regulations

Mon, 10 May 2021 18:41:27 GMT

(Formerly CALPASC)

CAL / OSHA Has Important New Announcements on COVID-19 Regulations

Cal/OSHA has issued new information that HCC members need to be preparing for and responding to.

There is a new proposal to significantly change the Cal/OSHA COVID-19 regulations, to be heard under emergency procedures on May 20, 2021; and likely to be effective by June 1, 2021! Some of the changes are good, as regards definitions and vaccinated persons. Other requirements are problematic, as several portions change on July 31, 2021; some positive, some negative.

HCC members can click here to see a copy of the new proposal, comparing it to the current regulations.
HCC members can also click here to see a copy of the proposed text without the comparison.
HCC will be conducting a webinar for its members on Friday, May 21, at 11:30 am; to review the new regulations, if they are approved on May 20^th. Members can click here to register:

Cal/OSHA has issued new information to its Q & A document on the COVID-19 regulations.

Click here to see the new information on Questions 12, 14, and 15 for the section “Outbreaks and the Exposed Workplace”; and updated Question 9 under “Testing”.

The California Department of Public Health has issued new guidance on face covering requirements for vaccinated persons. Cal/OSHA now links to this information on its website, so it appears they are in approval. Click here to see the revised guidance.

Cal/OSHA is sending a message that they now believe N95 respirators are readily available. They believe employers should begin stockpiling the necessary number for normal requirements, but also for:

The wildfire season that is upon us.
The requirements of the new COVID-19 regulations, that if approved, will mandate offering N95 respirators to certain individuals beginning July 31, 2021.
Click here to see the latest list of distributors of approved N95 respirators.

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

Important Alert on Workers' Compensation For HCC Members WORKERS’ COMPENSATION REGULATORY FILING APP

Mon, 10 May 2021 17:06:47 GMT

(Formerly CALPASC)

Important Alert on Workers' Compensation For HCC Members

WORKERS’ COMPENSATION REGULATORY FILING APPROVED, EX-MODS WILL BE ISSUED VERY QUICKLY!

As we have discussed previously, the annual regulatory filing takes effect on September 1, 2021. The filing was approved by the Department of Insurance in its entirety. HCC Director of Risk Management testified at the public hearing on April 8, 2021.

The filing affects classification wording and experience modifications for policies incepting or renewing on September 1, 2021; or after; through August 31, 2022.

If you renew September 1 or soon after, the WCIRB will be issuing your experience modification right away.

If you renew sometime later than September 1, you can still use the WCIRB experience modification estimator to calculate your ex-mod.

Click here to utilize the updated experience modification estimator: https://www.wcirb.com/estimator

CARB Has A Reporting Requirement Due April 1, 2021 For Certain Businesses

Fri, 19 Mar 2021 22:41:27 GMT

(Formerly CALPASC)

CARB Has A Reporting Requirement Due April 1, 2021 For Certain Businesses

If you had $50 million or more in receipts in 2019, and had at least one vehicle over 8,000 lbs GVW; or had at least 50 vehicles in use over 8,500 lbs GVW, this applies to you.

This is a one time reporting requirement for CARB (California Air Resources Board) to do a specific analysis. This comes from a regulation passed last year, that has now been approved by the OAL.

HCC members can click here to see the reporting requirements.

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

Federal OSHA Posts Updated Guidance on COVID-19

Mon, 1 Feb 2021 15:38:56 GMT

(Formerly CALPASC)

Federal OSHA Posts Updated Guidance on COVID-19

Federal OSHA posts updated guidance on COVID-19 in response to an Executive Order by President Biden. In California, we are under the California COVID-19 regulations, unless we are operating at a federal facility or other workplace governed by Fed/OSHA rules. HCC members don’t need to respond to this new guidance if you are working at projects and locations governed by Cal/OSHA.

You can click here if you want for link to the Fed/OSHA website.

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

CAL/OSHA Provides Updated FAQ Document On The New COVID Regulations, Including Information Regarding

Mon, 11 Jan 2021 15:45:50 GMT

(Formerly CALPASC)

CAL/OSHA Provides Updated FAQ Document On The New COVID Regulations, Including Information Regarding Paying Excluded Employees

Late Friday, January 8, 2021; Cal/OSHA finally issued the updated guidance. There are 38 new questions, providing answers to many of the concerns employers have had. Below is the link to the revised document.

HCC provides the following overview of the most important provisions for construction and supplier employers.

General:

There are now 69 total questions.
The regulations are approved by the Cal/OSHA Standards Board, which is a separate body of Cal/OSHA, with the Board members appointed by the Governor.
Guidance issued by the regular arm of Cal/OSHA doesn’t change the regulations, it only says what Cal/OSHA believes the regulations mean.
Appeals of citations are administered by the Cal/OSHA Appeals Board, yet another separate body, with Board members appointed by the Governor. The Administrative Law Judges of the Appeals Board can consider what the guidance documents say, but have to ultimately apply their view of the what the regulations mean.
In other words, the new guidance Q & A is helpful, but can’t be relief on as the actual interpretation of the regulations.
Also, Cal/OSHA has advised there will be no monetary penalties issued with citations under the new regulation, until February 1, 2021.
At the bottom of the revised document, there is a list of which questions are new.

Specific question areas:

Ventilation: Questions 22 provides clarity for dealing with ventilation in a building rented by the employer.
Employee testing: Questions 28, 29, and 30 provide helpful information for understanding the requirements for testing of employees for Covid-19.
Measuring outbreaks and exposed workplaces: Questions 40, and 42-25 provide clarity on understanding how to understand when a workplace has had an outbreak as defined by this regulation.
Return to work: Question 49 shows the revised guidance from CDPH allowing a return of non-symptomatic persons in 10 days.
Paying excluded employees: Questions 52-60 provide information on the various circumstances involving paying excluded employees.
Questions 52 and 53 unfortunately don’t provide the needed clarity regarding payment and how long excluded employees must be paid. We will be pursuing further answers to these concerns.
Questions 56 and 57 address the provision in the regulation that excluded employees aren’t required to be paid if the employer “demonstrates” that the exposure was not work related. Usually the word demonstrate means the burden of proof is on the employer, and it is hard to prove a negative. Question 57 advises that the employer must investigate and produce evidence to show it is more likely than not that an employee’s COVID-19 exposure did not occur in the workplace. The “more likely than not” is a lesser burden than before.

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

Click here for a copy of the revised document.

CAL/OSHA Has Updated Its N95 Respirator Availability

Tue, 22 Dec 2020 23:52:58 GMT

CAL/OSHA Has Updated Its N95 Respirator Availability

Cal/OSHA has updated its N95 respirator availability website posting, as of December 17, 2020. CALPASC members can click here for the latest availability information.

Victory For Drywall Contractors in CAL/OSHA Regulations

Thu, 17 Dec 2020 18:15:32 GMT

Victory For Drywall Contractors in CAL/OSHA Regulations

Attorney Kevin Bland of Ogletree Deakins successfully defended a California drywall contractor in the use of a step-up bench. A Cal/OSHA inspector called the bench a step-ladder, and cited the employer for an employee standing on the top of the bench. The citation was voided by the Administrative Law Judge. Kevin's contact information is Kevin.Bland@ogletreedeakins.com; or 714-800-7935.

You can click here for a copy of the decision.

You can click here for a picture of the bench.

Governor Newsom Issues Executive Order Suspending Enforcement Of Parts Of The New CAL/OSHA COVID-19

Tue, 15 Dec 2020 15:56:06 GMT

On December 14, 2020; the Governor issued Executive Order N-84-20. This order provides that:

The filing and payment of taxes and fees administered by the Department of Tax and Fee Administration for individuals and businesses with less than $1 Million in taxes, be delayed for 90 days.
The exclusion of employees under the new Cal/OSHA COVID-19 regulations for 14 days, is suspended for the period over the new guidelines by the CA Dept. of Public Health of 10 days for asymptomatic persons, or other quarantine orders. This is for parts 3205(c)(10) and (11).

It is unclear whether the Governor has actual authority to force Cal/OSHA to not follow their own emergency regulations, but we hope Cal/OSHA follows the Governor's directive.

You can click here to see a copy of the Governor's order.

You can click here to see a copy of the revised quarantine guidelines by CDC, reducing to 10 days the requirement for quarantine for asymptomatic persons.

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

CAL / OSHA Issues Guidance and a Template For The New COVID-19 Regulation

Wed, 2 Dec 2020 15:49:08 GMT

Cal/OSHA had previously only said they would issue guidance at some point on the new emergency regulation. They surprisingly issued it quickly after the regulation was effective, and included a model template to consider.

When you go the Cal/OSHA link below, you will find the following:

A statement from Cal/OSHA Chief Doug Parker on the understanding that the lengthy and complex regulation will take time for some employers to fully implement. CALPASC members are reminded that each individual Cal/OSHA inspector can make their own decision as to whether they should offer any leniency in enforcement. The quote is as follows:
- "We understand the need to educate and assist employers as they implement the new provisions of the emergency standards," Parker noted. "For employers who need time to fully implement the regulations, enforcement investigators will take their good faith efforts to implement the emergency standards into consideration. However, aspects such as eliminating hazards and implementing testing requirements during an outbreak are essential."
A lengthy Q & A document that will assist employers in both implementing the regulation, and answering questions likely to come up when doing investigations of and responding to COVID-19 cases that were present in the workplace.
A one page fact sheet with some basic information on employer responsibilities for the regulation.
A very lengthy and detailed model program that can be used as a template. It is in a word document format so it can be easily adapted to an individual employer. Many of you already have a detailed COVID-19 response or prevention plan, so you may want to use parts of this model to augment your current plan. COVID-19 is a serious and deadly infectious disease, so it is important that you prepare your plan wisely. You may want to have a safety professional or attorney experienced with Cal/OSHA regulations review your plan before it is finalized.
Cal/OSHA is preparing updated webinars based on the new regulation. We will alert you when those become available.
CALPASC members are encouraged to review the CALPASC emergency webinar held on November 20, 2020, which is available in the archive. That webinar provides some important detail to preparing and finalizing your plan.

For the Cal/OSHA link, click here.

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

Update on OAL Ruling on CAL/OSHA COVID-19 Emergency Regulation

Tue, 1 Dec 2020 15:37:27 GMT

On November 30.2020, the Office of Administrative Law approved the emergency regulation. It is now in effect, and Cal/OSHA personnel can enforce it against employers.

CALPASC members can access the Emergency Webinar held November 20, 2020 on this regulation; by clicking here.

CALPASC members and any other employers can also consult with longtime CALPASC member attorney Kyle Kring and his associates, who have developed revisions to COVID-19 Response Plans in light of the new regulation. It looks like it costs about 3 to 6 hours of attorney time to amend or devise a plan that is legally compliant and right for each employer. You can contact them at kkring@kringandchung.com or 949-261-7700.

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

Update Regarding The CAL/OSHA COVID-19 Emergency Regulation

Tue, 24 Nov 2020 19:42:58 GMT

The emergency regulation passed by the Cal/OSHA Standards Board November 19, 2020; is in process at the Office of Administrative Law.

The OAL posted the regulation for the 5 day public comment period, under emergency regulation provisions.
- The public comment period ends tomorrow, November 25, 2020.
- CALPASC is joining a CalChamber Coalition oppose letter to be posted tomorrow.
- Other business coalitions are posting letters opposing the regulation tomorrow as well.
OAL will have up to 5 days after tomorrow, November 25, to either approve or disapprove the regulation.
- They could issue approval or disapproval any day up to and including Monday, November 30, 2020.
- While it is expected they will approve of the regulation, there is always a possibility that they could disapprove it. We hope they will disapprove it and send it back to Cal/OSHA to take time to deal with all the problems in this hurried regulation.
- If it is approved, as an emergency regulation, Cal/OSHA personnel will be able to enforce the regulation right away. While we hope Cal/OSHA provides somewhat of a grace period to come into compliance, each Cal/OSHA enforcement person will be free to make their own view on when to begin strict enforcement.
We will send an alert as soon as the OAL issues its decision, including over the holiday and the weekend.

You can click here to see a copy of the regulation.

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

The CAL / OSHA Standards Board Approved A New COVID-19 Regulation Last Night

Fri, 20 Nov 2020 15:57:54 GMT

The Board heard over 7 hours of public testimony yesterday, and approved the proposed regulation by a 6-0 vote! As an emergency regulation, it could be effective within 10 days of approval!

CALPASC members can attend the members only webinar starting at 9:30 this morning.

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

CAL / OSHA Has Issued Cleanup Revisions To 2 Of Its Guidance Documents

Mon, 2 Nov 2020 18:55:02 GMT

CAL / OSHA Has Issued Cleanup Revisions To 2 Of Its Guidance Documents

The link for the guidance document to optimize strategies for supply of N95 respirators had a wrong link to vendors. That link has been updated, and you can see the revised document by clicking here.
The link for the guidance document for COVID-19 and construction, has been updated to show the revisions from the CDC on when employees can be returned to work. That guidance was from August, 2020; so it is a little late, but now the construction guidance is up to date. You can see that information on page 4 of the guidance by clicking here.

Federal OSHA Issues A Reminder For N95 Respirators

Fri, 30 Oct 2020 18:53:55 GMT

Federal OSHA Issues A Reminder For N95 Respirators

Federal OSHA issues a reminder that N95 respirators are effective for COVID-19 prevention. Questions have been posed as to whether N95s can remove particulate small enough to protect from COVID-19. The answer is yes, and you can click here to review the information.

Cal / OSHA Has Updated N95 Respirator Availability

Thu, 8 Oct 2020 18:33:23 GMT

Cal / OSHA Has Updated N95 Respirator Availability

Cal/OSHA will be adding to their list of vendors with N95 respirators over time. An update was just issued, and CALPASC members can click here to see the update.

Cal / OSHA Finally Issues Guidance on Respirators and Wildfire Smoke

Tue, 29 Sep 2020 15:39:35 GMT

After months of questioning by employer representatives including CALPASC Director of Risk Management Bruce Wick, Cal/OSHA has come up with some level of guidance on using respirators to protect employees from wildfire smoke, when the AQI for PM 2.5 is over 150 but less than 500.

Face masks, face coverings, surgical masks, and bandannas offer no protection from Wildfire Smoke. Employers have faced the issue of lack of availability of N95 respirators, which are the minimal requirement for protection from wildfire smoke. Obviously N95 respirators have been in short supply, and have been dedicated to healthcare workers and first responders up to now.

Cal/OSHA has now provided three guidance documents:

The first document outlines a group of vendors who purport to have N95 respirators available, with quantities of at least 100,000. CALPASC members can review this list, and check the actual availability by clicking here.

The second document advises how employers can strategize for wildfire smoke protection. It advised that while N95 respirators are optimal, an employer who finds them unavailable can utilize certain KN95 respirators, but only up to 175 AQI for PM 2.5. In reviewing the document, it is important to understand that strategies 3.0 through 5.0 contemplate only N95 respirators. Strategy 6.0 will advise what types of KN95 can be used as alternatives when N95 respirators are unavailable. At the bottom of the document is a list of KN95 respirators that are supposed to be an equivalent protection. KN95 respirators have varying degrees of protection. To read the article, click here.

The third document advises how manufacturers can get approval of their respirators by Cal/OSHA. To read the article, click here.

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