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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.
United States
California
Employment and HR
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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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