Seyfarth Synopsis: As of February 3, 2025, California's COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program standard, making it prudent for employers to consider infectious disease prevention in their IIPP.
Since 2020, California employers have had to comply with Cal/OSHA's COVID-19-specific regulations. First there was the emergency temporary standard (“ETS”), followed by the 2-year non-emergency “permanent” standard. But as of February 3, 2025, most provisions will expire and no specific regulatory requirements addressing COVID-19 as a workplace hazard will remain. However, there are two important considerations to keep in mind:
- The requirement from the non-emergency “permanent” COVID-19 regulation to keep a record of and track all COVID-19 cases in a log does not expire until February 3, 2026. From a practical standpoint, employers may be maintaining empty COVID-19 logs, as there's no regulatory mandate for employers to require employees report if they have COVID-19. And there's no regulatory requirement that employers take any particular action upon becoming aware of an employee's COVID-19 positive status, such as contact tracing or notification to close contacts. Nevertheless, employes must continue to record employee COVID-19 cases on a log.
- Cal/OSHA can still enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program (IIPP) standard. For this reason, it's prudent for employers to incorporate basic infectious disease prevention protocols into their IIPP, such as encouraging sick employees to report their illnesses and to stay home until recovered.
Originally published 31 January 2025
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