CALIFORNIA - In a recent newsletter, the California Fresh Fruit Association included an update on a recent Cal/OSHA proposition that proposes a semi-permanent rule to replace the existing COVID-19 Emergency Temporary Standard (ETS) which is set to expire on December 31.

As outlined, the semi-permanent standard is expected to take effect on January 1, 2023, and all of its provisions are slated to stay in effect for two years. While this replacement rule follows the May 2022 ETS in many areas, there are some significant changes.

CFFA outlined several updates, notably, the definition of “close contact” will be expanded in accordance with a recent California Department of Public Health definition update. The new rule defines close contact as “sharing the same indoor airspace as a COVID-19 case for a cumulative total of 15 minutes or more over the 24-hour period during the COVID-19 case’s infectious period.”

CFFA also noted that this expansion of close contact has the potential to significantly increase requirements for contact tracing and administration of testing.

The definition of the infectious period has also been shortened, and the proposed rule has eliminated exclusion pay completely. The COVID-19 Prevention Program (CPP) requirements are also greatly relaxed.

This is also a proposed addition of record-keeping requirements, in which employers must maintain a record of COVID-19 cases and close contacts.

For employers, CFFA advises that you do not throw out your COVID policies and CPP yet. It is important to remember that the May 2022 ETS will stay in effect until December 31, 2022, and the proposed rule is still subject to change. Employers should maintain their policies consistent with the May 2022 ETS, subject to any updates from Cal/OSHA or the CDPH.

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California Fresh Fruit Association