COVID-19 Emergency Temporary Standards Frequently Asked

COVID-19 Emergency Temporary Standards 
Frequently Asked Questions 
 
Updated January 27, 2022 
These FAQs have been updated to include information related to the ETS revisions that were adopted on 
December 16, 2021 and became effective and enforceable on January 14, 2022. You may also refer to this 
shorter set of FAQs that highlight the changes between the previous June 17, 2021 ETS and the newly 
revised ETS from January 14, 2022. 
 
Please note: Footnotes describing the updates to these FAQs can be found at the bottom of this webpage. 
 
Table of Contents 
Scope of Coverage 
The COVID-19 Prevention Program 
Communication with Employees 
Identifying, Evaluating and Correcting COVID-19 Hazards 
Face Coverings and Other Controls 
Ventilation 
Vaccines 
Training 
Addressing COVID-19 Cases in the Workplace 
Testing 
Outbreaks 
Exclusion Pay and Benefits 
Waivers of Exclusion Requirements Based on Community Health and Safety 
Recordkeeping and Reporting 
Employer-Provided Housing 
CDPH’s Isolation and Quarantine Guidance 
Additional Resources 
COVID-19 Prevention Emergency Temporary Standards 
The COVID-19 Prevention Emergency Temporary Standards are still in effect. The 
workplace standards were updated in December 2021 to include minor revisions 
related to returning to work after close contact. The revisions are effective starting on 
January 14, 2022. In addition to these requirements, employers must follow public 
health orders on COVID-19. The latest order from the California Department of Public 
Health on January 5, 2022 requires the use of face coverings by all employees when 
indoors. More information on the COVID-19 Prevention Emergency Temporary 
Standards is available in Cal/OSHA's Frequently Asked Questions. 

Scope of Coverage back to top

1. Q: Which employers must comply with the COVID-19 emergency temporary standards (ETS)?

A: The ETS applies to all employers, employees, and places of employment with the following

exceptions:

 Work locations where there is only one employee who does not have contact with other

people.

 Employees who are working from home.

 Employees who are covered by the Aerosol Transmissible Diseases regulation (Cal. Code

Regs., tit. 8, § 5199) (section 5199).

 Employees working from a location chosen by the employee that is not under the control of the

employer (for instance, an employee teleworking from a café or a friend’s home).

2. Q: Does the ETS apply to employees who split their work time between home and the

workplace?

A: Yes. However, the ETS applies only when employees work at the workplace or are exposed at

work, and not when they work from home.

3. Q: Does the ETS apply to workplaces with only one employee who has brief contact with other

persons?

A: Yes, the ETS applies to such workplaces (unless they fall into one of the exceptions listed above).

However, the measures that the employer must implement to comply with the ETS will reflect this

type of limited exposure.

4. Q: Does the ETS apply to employees who are working from remote locations other than their

home?

A: No, the regulations do not apply to employees an employer assigns to telework but who choose to

work elsewhere, such as at a hotel or rental property. The regulation on employer-provided housing

(Cal. Code Regs., tit. 8, § 3205.3) applies when a person is working from a hotel arranged for or

provided by the employer. However, the rule does not apply to business travel by employees unless

they are sharing a room or suite.

5. Q: Does the ETS apply to any facility that is subject to the Aerosol Transmissible Diseases

(ATD) standard?

A: The ETS applies to employees at these facilities who are not identified in the employer's Aerosol

Transmissible Diseases Exposure Control Plan, as required under California's Aerosol Transmissible

Diseases standard (Cal. Code Regs., tit. 8, § 5199), as having occupational exposure to aerosol

transmissible diseases (ATDs), such as administrative employees who work only in an office

environment separated from patient care facilities.

6. Q: Can an employee in a single workplace be subject to both the ETS and section 5199 at

different times?

A: No. In a facility or operation that is covered by section 5199, employees with occupational

exposure to ATDs are covered by the requirements of section 5199, and not the ETS. This is true

even when an employee who has occupational exposure performs tasks that do not include exposure

to ATDs, for example, when a hospital nurse who performs patient care spends time in the hospital's

human resources office.

7. Q: Can an employer at a workplace covered by section 5199 deem all employees on site to

have occupational exposure to COVID-19 and exempt them from the ETS?

A: If the employer provides all employees with protections under its ATD Exposure Control Plan and

has incorporated those employees into the plan in accordance with section 5199 because they have

an occupational exposure to COVID-19, then those employees would not be subject to the ETS.

8. Q: Can a firefighter be subject to both the ETS and section 5199 at different times?

A: No, a firefighter cannot be subject to both the ETS and section 5199. However, a firefighter must

be protected from COVID-19 under one of the standards.

If the firefighter performs emergency medical services (EMS) duties such as those of a paramedic,

emergency medical technician or first responder, or if the firefighter otherwise provides support in the

field to those performing EMS duties, the firefighter has occupational exposure to ATDs as defined in

section 5199 and is therefore covered by section 5199, not the ETS. This is true even when that

firefighter performs tasks that do not necessarily involve potential exposure to ATDs, for example,

responding to non-EMS calls and otherwise traveling in fire department vehicles; performing routine

tasks, such as training and maintenance; and engaging in the normal routines of a fire station,

including meals and sleeping.

Section 5199(e) requires employers to use feasible engineering and work practice controls to

minimize employee exposures to aerosol transmissible pathogens (ATPs). This includes

implementing COVID-19 protections in fire department vehicles and facilities, such as improving

ventilation, physical distancing and mask use in accordance with CDPH requirements, including in

facility sleeping quarters and other common areas.

Under section 5199(h)(6)-(9), covered employers must implement specific follow-up requirements in

the event that an employee is exposed to an ATP. This includes fire departments when firefighters

are potentially exposed to COVID-19, regardless of the source of the exposure.

If a firefighter is not identified as having occupational exposures to ATDs in the employer's ATD

Prevention Plan or if a firefighter is not protected under that plan, the firefighter would be subject to

the ETS.

9. Q: Can employers follow the CDPH’s “All Facilities Letter 21-08.7,” for employees covered by

the ETS?

A: No, the “All Facilities Letter 21-08.7” applies only to employees listed in the AFL. Those employees

are covered by section 5199 not the ETS, as explained above.

The COVID-19 Prevention Program back to top

1. Q: What are the main requirements of the ETS?

A: To comply with the ETS, an employer must develop a written COVID-19 Prevention Program or

ensure its elements are included in an existing Injury and Illness Prevention Program (IIPP). The

employer must do the following in accordance with their written program:

 Communicate to employees about the employer's COVID-19 prevention procedures.

 Identify, evaluate, and correct COVID-19 hazards.

 Require and provide face coverings and respirators in the manner and in the circumstances

specified in the ETS.

 Advise employees they can wear face coverings at work regardless of their vaccination status,

and that retaliation by the employer is illegal.

 Use engineering controls, administrative controls and personal protective equipment under

certain circumstances.

 Follow procedures to investigate and respond to COVID-19 cases in the workplace.

 Provide COVID-19 training to employees.

 Make testing available at no cost to employees who have had a “close contact” (as defined in

the ETS) with a person with COVID-19, and in the case of multiple infections or a major

outbreak, make testing available at no cost on a regular basis for employees in the exposed

work areas. This requirement does not apply to employees with no symptoms who recently

recovered from COVID-19.

 Exclude from the workplace COVID-19 cases and employees after close contact until they are

no longer an infection risk.

 Follow return to work criteria. For more information on this topic, please refer to the section in

this FAQ on CDPH’s Isolation and Quarantine Guidance.

 Maintain records of COVID-19 cases, and report serious illnesses to Cal/OSHA and to the

local health department when required.

Cal/OSHA has posted a Model COVID-19 Prevention Program on its website for employers to use.

Communication with Employees back to top

1. Q: What does the ETS require employers to communicate to employees?

A: Employers must communicate the following information to employees:

 How to report to the employer, without fear of retaliation, COVID-19 symptoms, possible close

contacts, and possible COVID-19 hazards.

 COVID-19 hazards in the workplace and the employer's policies and procedures to address

them.

 Best practices for preventing the transmission of COVID-19, including information on

respirators.

 When and how unvaccinated persons can request a respirator.

 That employees may wear face coverings or a respirator at work, regardless of their

vaccination status, without fear of retaliation by their employer.

 How employees with elevated risk factors for COVID-19 (see the CDC's website) can request

accommodations from their employer.

 How the employee can obtain testing for COVID-19, such as through the employer's

workplace-based testing program; through the local health department, a health plan, or the

federal government; or at a community testing site.

 Notice of potential exposure to COVID-19.

 How to participate in workplace hazard identification and evaluation.

 Information regarding COVID-related benefits to which the employee may be entitled under

federal, state or local laws.

Identifying, Evaluating and Correcting COVID-19 Hazards back to top

1. Q: What must an employer do to identify, evaluate and correct workplace hazards?

A: Identifying, evaluating and correcting workplace hazards includes:

 Developing and implementing processes for screening employees for, and responding to

employees with, COVID-19 symptoms.

 Reviewing existing state and local guidance and orders on hazard prevention, including those

from CDPH, as well as other information and materials found on Cal/OSHA’s website.

 Reviewing existing practices for controlling COVID-19.

Recently recovered from COVID-19 means a period of 90 days after the initial onset of COVID-19 symptoms or, for COVID-19 cases who

never developed symptoms, for a period of 90 days after the first positive test.

 Conducting a site-specific evaluation of where COVID-19 transmission could occur, including

interactions between employees and any other persons, and places employees might gather

or interact with other employees or members of the public.

 Allowing employees or their authorized representatives to participate in hazard identification

and evaluation.

 Ensuring a process is in place to immediately address COVID-19 cases.

 Conducting periodic inspections of the workplace to ensure compliance with the ETS and

check for new hazards.

 Implementing procedures to correct identified hazards.

2. Q: How does an employer allow employees or their representatives to participate in hazard

identification or evaluation?

A: The employer has flexibility in how it allows worker participation in hazard identification and

evaluation. Employers must allow employee participation. Cal/OSHA encourages the participation of

employees and their authorized representatives in hazard identification and evaluation. Employers

must train employees on how to participate.

Face Coverings and Other Controls back to top

1. Q: What are the face covering requirements of the ETS?

A: The ETS requires employers to provide employees who are not fully vaccinated with face

coverings and to ensure they are properly worn over the nose and mouth when indoors and in

vehicles. Outdoors, no employees need to use face coverings regardless of vaccination status,

unless there is an outbreak.

Employers must also provide and ensure use of face coverings by employees:

 When required by CDPH,

 When an employee had COVID-19 or had close contact with a COVID-19 case and returns to

work, as explained in the section of this FAQ on CDPH's Isolation and Quarantine Guidance,

and

 When riding in employer-provided motor vehicle transportation.

Exceptions to using face coverings include:

 When an employee is alone in a room or vehicle.

 While eating or drinking provided employees are six feet apart or outside.

 Employees wearing respirators.

 Employees who cannot wear face coverings due to a medical or mental health condition or

disability, because they are hearing-impaired or communicating with a hearing-impaired

person, or when an employee performs specific tasks that cannot be performed while wearing

a face covering.

 Employers must also provide face coverings to employees upon request, regardless of their

vaccination status.

2. Q: What if an employee is not required to wear a face covering under the ETS, but wishes to

do so?

A: Employers must allow employees to wear face coverings if they voluntarily choose to do so, unless

it would create a safety hazard, such as interfering with the safe operation of equipment.

3. Q: May an employer require an employee to wear a face covering at work even if the employee

provides documentation verifying that they are fully vaccinated?

A: Yes, employers can have policies that are stricter than those required by the ETS. However, an

accommodation must be made for those who cannot wear face coverings due to a medical or mental

health condition or disability, who are hearing-impaired or communicating with a hearing-impaired

person, or when an employee performs specific tasks which cannot be performed with a face

covering.

4. Q: What engineering controls, administrative controls, and personal protective equipment

must an employer implement?

A: Requirements include:

 Engineering controls

o Maximize the amount of outside air to the extent feasible, unless there is poor outside

air quality (an Air Quality Index of 100 or higher for any pollutant) or some other hazard

to employees such as excessive heat or cold.

 Administrative controls

o Implement effective cleaning procedures of commonly touched surfaces, such as

doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, phones,

headsets, bathroom surfaces, and steering wheels.

o Clean areas and material where a COVID-19 case has been during the "high risk

exposure period," as defined in these FAQs, and disinfect if indoors and used by

another employee within 24 hours.

o Provide for, encourage and allow time for frequent hand washing, and provide hand

sanitizer.

 Personal protective equipment (PPE)

o Evaluate the need for PPE, including but not limited to gloves, eye protection and

respiratory protection as required by Cal/OSHA standards.

o Upon request, provide respirators for voluntary use to all employees who are not fully

vaccinated and who are working indoors or in vehicles with more than one person

(“respirator” means a respiratory protection device approved by the National Institute for

Occupational Safety and Health (NIOSH) to protect the wearer from particulate matter,

such as an N95 mask).

o When respirators are provided for voluntary use, provide instructions, encourage their

use and ensure the respirator is the correct size for the employee.

o Provide and ensure use of eye and respiratory protection for employees exposed to

procedures that aerosolize saliva or other potentially infectious materials, such as some

dental procedures.

5. Q: What impact does CDPH’s Guidance for the Use of Masks have on the COVID-19 Prevention

Emergency Temporary Standards (ETS)?

A: Cal/OSHA’s face covering requirements are detailed in the ETS. The ETS requires that employers

“provide face coverings and ensure they are worn by employees when required by orders” of the

California Department of Public Health. (Cal. Code Regs., tit. 8, § 3205(c)(6)(B).) The CDPH

guidance is such an order.

Ventilation back to top

1. Q: What should be done about building ventilation?

A: If a building or structure has natural or mechanical ventilation, or both, the employer should

maximize as much as possible the quantity of outside air provided, except when the United States

Environmental Protection Agency (EPA) Air Quality Index is greater than 100 for any pollutant or if

opening windows or maximizing outdoor air by other means would cause a hazard to employees, for

instance from excessive heat or cold.

2. Q: How can employers who rent buildings or workspace in buildings over which they do not

have control comply with the requirements regarding maximizing outdoor air?

A: Employers in these circumstances should request that the building operator assist with compliance

with the emergency regulation. It should be noted that if the building operator has employees that

work on the premises, it is also subject to the rule.

3. Q: What if an employer has processes that prevent the use of outdoor air?

A: With some exceptions, the ETS requires the employer to maximize the use of outdoor air to the

extent feasible. Cal/OSHA will consider the processes or environments necessary to perform the

work when assessing feasibility. The employer should filter recirculated air with the highest filtration

efficiency compatible with the ventilation system. A Minimum Efficiency Reporting Values, or MERV,

of 13 or better is recommended.

Vaccines back to top

1. Q: When is an employee considered vaccinated under the ETS?

A: An employee is considered fully vaccinated if the employer has documented that the employee

received a COVID-19 vaccine that meets the requirements of A) or B) below

A) Two weeks after completing primary vaccination with a COVID-19 vaccine with, if applicable, at

least the minimum recommended interval between doses, that meet one of the following three

criteria:

Approved or authorized for emergency use by the FDA.

Listed for emergency use by the World Health Organization (WHO).

Administered as part of a clinical trial at a U.S. site, if the recipient was

Vaccinated with the active (not placebo) vaccine, for which vaccine efficacy has been

independently confirmed, or

ii)

Vaccinated with a COVID-19 vaccine that is neither approved nor authorized for use by

FDA but is listed for emergency use by WHO.

B) Two weeks after receiving the second dose of any combination of two doses of a COVID-19

vaccine that is approved or authorized by the FDA, or listed as a two-dose series by the WHO. The

second dose of the series must not be received earlier than 17 days after the first dose.

2. Q: Must the ETS still be followed for vaccinated persons?

A: Yes, some of the requirements of the ETS must still be followed by vaccinated employees, as

discussed in the Face Covering, Testing, Addressing COVID-19 Cases in the Workplace and

Outbreak sections of this FAQ.

3. Q: May an employer require employees to submit proof of their being “fully vaccinated”?

A: Yes. As explained by the Department of Fair Employment and Housing, because the reasons that

any given employee or applicant is not vaccinated may or may not be related to disability or religious

creed, simply asking employees or applicants for proof of vaccination is not a disability-related

inquiry, religious creed-related inquiry, or a medical examination. Employers may wish to instruct their

employees or applicants to omit any medical information from such documentation. Any record of

employee or applicant vaccination must be maintained as a confidential medical record.

Under the ETS, an employer is not obligated to require employees to submit proof of being fully

vaccinated.

4. Q: May an employer require employees to be vaccinated against COVID-19?

A: Yes. As explained by the Department of Fair Housing and Employment, an employer may require

employees to receive an FDA approved vaccination against COVID-19 infection so long as the

employer: does not discriminate against or harass employees or job applicants on the basis of a

protected characteristic; provides reasonable accommodations related to disability or sincerely-held

religious beliefs or practices; and does not retaliate against anyone for engaging in protected activity

(such as requesting a reasonable accommodation). For guidance on this topic, employers may wish

to refer to information provided in the following FAQ resources provided by the federal Equal

Employment Opportunity Commission (EEOC) and the California Department of Fair Employment

and Housing at the following webpages:

 EEOC FAQ’s regarding COVID-19

 DFEH FAQs regarding COVID-19

5. Q: What is the employer required to do if it does not want to ask employees whether they are

vaccinated?

A: If the employer does not wish to ask about and document the vaccination status of their

employees, the employer must treat all employees as unvaccinated.

6. Q: After asking about an employee’s vaccination status, how can an employer document that

the employee is “fully vaccinated”?

A: An employer is not compelled to use any specific method of documenting their employees’

vaccination status, though whichever method is used, the information must be kept confidential.

Acceptable options include:

 Employees provide proof of vaccination (vaccine card, image of vaccine card or health care

document showing vaccination status) and employer maintains a copy.

 Employees provide proof of vaccination and employer maintains a record of the employees

who presented proof, but not the vaccine record itself.

 Employees self-attest to vaccination status and employer maintains a record of who self-

attests.

Nothing in the ETS prevents an employer from treating all employees as unvaccinated and taking the

most protective steps under the ETS (such as requiring all employees to wear a face covering)

instead of having a documentation process.

7. Q: How long are employers required to maintain documentation of employee vaccination

status?

A: Vaccination records created by the employer under the ETS must be maintained for the length of

time necessary to establish compliance with the regulation, including during any Cal/OSHA

investigation or appeal of a citation.

To encourage documentation using vaccination records, Cal/OSHA has determined that it would not

effectuate the purposes of the Labor Code to subject such records to the 30-year record retention

requirements that apply to some medical records.

Training back to top

1. Q: What training must an employer provide employees under the ETS?

A: Employee training must cover:

 Employer policies and procedures to protect employees from COVID-19 hazards and how to

participate in the identification and evaluation of those hazards.

 Information regarding COVID-19-related benefits, either from the employer or from federal,

state or local government, that may be available to employees impacted by COVID-19.

Information on COVID-19 benefits, such as paid sick leave and workers' compensation

benefits, is posted on the Department of Industrial Relations' Coronavirus Resources

webpage.

 The fact that COVID-19 is an infectious disease that can be spread through the air when an

infectious person talks or vocalizes, sneezes, coughs or exhales; that COVID-19 may be

transmitted when a person touches a contaminated object and then touches their eyes, nose

or mouth, although that is less common; and that an infectious person may show no

symptoms.

 Proper use of face coverings and the fact that face coverings are not respiratory protective

equipment.

 The conditions under which face coverings must be worn at the workplace and that face

coverings are additionally recommended outdoors for people who are not fully vaccinated if six

feet of distance between people cannot be maintained.

 That employees can request face coverings from the employer at no cost to the employee and

can wear them at work regardless of vaccination status, without fear of retaliation.

 That respirators such as N95s are more effective at preventing COVID-19, an airborne

disease.

 The employer’s policies for providing respirators, and the right of employees who are not fully

vaccinated to request a respirator for voluntary use, without fear of retaliation and at no cost to

employees.

 When respirators are provided for voluntary use, how to properly wear them and perform a

seal check, and the fact that facial hair interferes with a seal.

 The importance of frequent hand washing for at least 20 seconds and use of hand sanitizer

when handwashing facilities are not available.

 The symptoms of COVID-19 and the importance of not coming to work and of getting tested if

an employee has symptoms.

 Information about the employer’s COVID-19 policies; how to access COVID-19 testing and

vaccination; and the fact that vaccination is effective at preventing COVID-19, protecting

against both transmission and serious illness or death.

Cal/OSHA will provide training resources on its website for employers to use to supplement site-

specific training to comply with the ETS.

Addressing COVID-19 Cases in the Workplace back to top

1. Q: What must an employer do to investigate and respond to a COVID-19 case?

A: Investigating and responding to a COVID-19 case in the workplace includes the following:

 Determining when the COVID-19 case was last in the workplace, and if possible the date of

testing and onset of symptoms.

 Determining which employees may have been exposed to COVID-19 through a close contact.

 Providing written notification to all employees (and, if applicable, their union representatives)

and independent contractors who were at the worksite at the same time as the COVID-19 case

during the high risk exposure period of any potential exposures within one business day (and

notifying any other employer who has potentially exposed employees in the workplace).

 Making COVID-19 testing available to potentially exposed employees with a close contact at

no cost and during working hours, with the exception of asymptomatic employees who recently

recovered from COVID-19.

 Excluding COVID-19 cases and employees who had close contact from the workplace until

they are no longer an infection risk. Please refer to the section in this FAQ on CDPH’s

Isolation and Quarantine Guidance.

 Investigating the exposure, whether workplace conditions could have contributed to the risk of

exposure, and what corrections would reduce exposure.

2. Q: What is a “close contact”?

A: An employee has had a close contact if they were within six feet of a COVID-19 case for a

cumulative total of 15 minutes or more in any 24-hour period within or overlapping with the “high risk

exposure period.”

3. Q: What is the “high risk exposure period”?

A: For COVID-19 cases who develop COVID-19 symptoms, the “high risk exposure period” is from

two days before they first develop symptoms until 10 days after symptoms first appeared, and 24

hours have passed with no fever, without the use of fever-reducing medications, and symptoms have

improved.

For COVID-19 cases who test positive but never develop COVID-19 symptoms, the “high risk

exposure period” is from two days before until ten days after the specimen for their first positive test

for COVID-19 was collected.

4. Q: Must an employer exclude an employee who claims a COVID-19 workplace exposure?

A: An employer should take any reports of exposure seriously and should investigate any evidence of

an exposure. It is ultimately the employer's responsibility to determine if a close contact occurred.

5. Q: What are the criteria for a COVID-19 case to return to work?

A: Please refer to the section in this FAQ on CDPH’s Isolation and Quarantine Guidance.

6. Q: What are the criteria for an employee who had a close contact to return to work?

A: Please refer to the section in this FAQ on CDPH’s Isolation and Quarantine Guidance.

7. Q: Is a negative test required for an employee to return to work?

A: Please refer to the section in this FAQ on CDPH’s Isolation and Quarantine Guidance. In certain

circumstances, a negative test will allow an employee to return to work in a shorter period of time.

However, employees can still return to work without a negative test, if the criteria for returning to work

are met.

8. Q: Section 3205(c)(9) states that after close contact, vaccinated employees and recently

recovered employees must use face coverings and physically distance at least six feet for 14

days. Is this still the case?

A: No, these requirements are overridden by CDPH's Isolation and Quarantine Guidance pursuant to

Executive Order N-84-20. For more information on this topic, please refer to the section in this FAQ

on CDPH’s Isolation and Quarantine Guidance.

Testing back to top

1. Q: What are the testing requirements in the ETS?

A: With respect to testing, the ETS requires an employer to:

 Inform all employees on how they can obtain testing. This could be through the employer, local

health department, the federal government, a health plan or at a community testing site.

 Offer testing at no cost and during paid time

o to all employees with COVID-19 symptoms who are not fully vaccinated;

o to employees who had a close contact at work, with an exception for symptom-free

employees who recently recovered from COVID-19;

o during an outbreak, to all employees within an exposed group, at least once or twice per

week depending on the magnitude of the outbreak, except for employees who were not

at work during the relevant period and symptom-free employees who recently recovered

from COVID-19; and

o when following CDPH’s Isolation and Quarantine Guidance to keep employees working

or return them sooner, if tested.

 Provide testing in a manner that ensures employee confidentiality.

2. Q: How can an employer comply with the testing requirement in the January 14 ETS?

A: To comply with the testing requirements of the ETS, over-the-counter (OTC) tests may not be both

self-administered and self-read unless observed by the employer or an authorized telehealth proctor.

This independent confirmation can be accomplished in multiple ways. For example, the employer

can validate the test through the use of a proctored test that is supervised by a licensed, authorized

telehealth provider via video proctoring, or by a point-of-care test provider. Alternatively, the employer

could proctor the OTC test itself, including by video.

Another option to meet the requirement that a test is not “self-read” is to use an OTC test that

features digital reporting of date and time stamped results. These tests do not require observation by

an employer or telehealth proctor.

3. Q: Does the employer have to provide testing to employees at their work location?

A: No. The employer may provide or make available testing to employees at a testing site separate

from their work location.

4. Q: Can employers send their employees to a free testing site for testing (e.g., run by their

county) and is this considered to be "at no cost to employees?"

A: Yes, as long as employees incur no cost for the testing. Ensuring that an employee does not incur

costs would include paying employees' wages for their time to get tested, as well as travel time to and

from the testing site. It would also include reimbursing employees for travel costs to the testing site

(for example, mileage or public transportation costs).

5. Q: What should employers do if employees refuse to take the tests required by various

provisions of the emergency regulations?

A: An employer that offers a test at no cost to the employee does not violate the regulation if an

employee declines or refuses to take it. The employer is not required to obtain a signed declination

from employees who refuse to take a COVID-19 test offered by the employer.

6. Q: What does "paid time" mean, in relation to providing COVID-19 testing?

A: This means that the employer must make testing available during paid time. While the employee

must be compensated for their time and travel expenses, the employer is not obligated to provide the

test during the employee's normal working hours

7. Q: What kinds of tests are acceptable to comply with the regulations' testing requirements?

A: Tests approved by the United States Food and Drug Administration (FDA) or that have an

Emergency Use Authorization (EUA) from the FDA to diagnose current infection with the SARS-CoV-

2 virus may be used. These include both PCR and antigen tests. The test must be administered in

accordance with the FDA approval or FDA EUA, as applicable.

8. Q: In a non-outbreak setting, how does an employer determine which employees may have

had close contact with a COVID-19 case?

A: Employers must determine which if any employees were within six feet of a COVID-19 case for a

cumulative total of 15 minutes within any 24-hour period during the COVID-19 case's "high risk

exposure period" as defined above.

9. Q: In a non-outbreak setting, what are employers required to do when they learn that one or

more of their employees had close contact with a COVID-19 case at the workplace?

A: Employers must:

 Notify all employees and their authorized representatives who may have had close contact

with a COVID-19 case within one business day in a manner that does not reveal the COVID-19

case's personal identifying information.

 Offer testing during paid time and at no cost to any employee with a close contact that

occurred in the workplace, and provide applicable benefit information. There is an exception

for recently recovered COVID-19 cases who remain symptom-free.

 Exclude from the workplace employees who test positive for COVID-19 regardless of

vaccination status. For more information on this topic, please refer to the section in this FAQ

on CDPH’s Isolation and Quarantine Guidance.

 Exclude employees after a COVID-19 close contact when required. For more information on

this topic, please refer to the section in this FAQ on CDPH’s Isolation and Quarantine

Guidance.

 Follow the requirements for preserving their pay and benefits.

 Follow the return to work criteria for returning excluded employees to work.

 Investigate the exposure and address hazards.

 Follow all recordkeeping and reporting requirements for employee COVID-19 cases.

10. Q: Where can I find COVID-19 testing for my employees?

A: Some of the simplest ways to find free testing include the following:

 At the California Department of Public Health or the National Association of County and City

Health Officials website, click on the county or city health department in the area where you

would like employees to be tested. Many local health departments maintain websites with up-

to-date information on testing locations. Click on the appropriate health department's website

and search for testing sites. Follow instructions to identify testing locations and schedule a test.

All counties offer free testing for individuals at designated testing sites.

o Note that in most cases, prior to scheduling a testing appointment, the employee who

will be getting tested is required to answer questions in an online form about whether or

not they have symptoms, whether they have been exposed to someone with COVID-19,

etc. To complete the online scheduling process, the employee also must provide their

consent to receive the test.

 An employer can partner with a medical provider to establish a testing program. Some

providers offer on-site testing of employees.

However testing is arranged, employers must ensure it is done on paid time and employees do not

incur any costs for COVID-19 testing required by the ETS.

11. Q: Are there resources available for employers who need to offer testing to a large number of

employees on a regular basis?

A: The State of California Valencia Branch Laboratory (VBL) opened on October 30, 2020 to increase

the state’s COVID-19 testing capacity and reduce test turnaround time.

 Large employers can partner with VBL to set up on-site testing of employees. Getting the

testing site set up requires approximately 2-3 weeks to complete. Visit the Valencia Branch

Laboratory website for more information. To set up a local testing site, get started by filling out

the PCR Testing Application

12. Q: May employers require employees to undergo COVID-19 testing?

A: Employers may require employees to undergo COVID-19 testing under certain circumstances.

Please refer to the Department of Fair Employment and Housing’s FAQ on the topic for further

information.

Outbreaks back to top

1. Q: In an outbreak (three or more COVID-19 cases among employees in an "exposed group"

within a 14-day period), what are an employer's obligations?

A: In addition to the requirements for non-outbreak settings, an employer must:

 Exclude COVID-19 cases and employees who had close contact when required. For more

information on this topic, please refer to the section in this FAQ on CDPH’s Isolation and

Quarantine Guidance.

 Immediately make testing available to all employees in the exposed group; repeat the testing

one week later; and continue to make tests available to employees at least weekly until the

workplace no longer qualifies as an outbreak. However, an employer need not make testing

available to employees who were absent from the workplace during the high risk exposure

period or who recently recovered from COVID-19 and do not have symptoms.

 Perform a review of potentially relevant COVID-19 policies, procedures, and controls and

implement changes as needed to prevent further spread of COVID-19.

 Implement ventilation changes to mechanical ventilation systems including increasing filtration

efficiency to at least MERV-13, or the highest efficiency compatible with the ventilation system.

Evaluate whether HEPA air filtration units are needed.

 All employees in the exposed group regardless of vaccination status must wear face coverings

when indoors, or when outdoors and less than six feet from another person, unless an

exception applies.

2. Q: What are an employer's requirements in a major outbreak (20 or more COVID-19 cases in an

"exposed group" within a 30-day period)?

A: In addition to the requirements in FAQ 1 above, an employer must:

 Make testing available to all employees in the exposed group at least twice weekly until there

are no new cases detected for a 14-day period;

 Offer respirators to all employees, regardless of vaccination status, to use on a voluntary

basis;

 Separate employees in the exposed group from other persons by at least six feet where

feasible;

 Determine the need for a respiratory protection program (non-voluntary, with fit testing and

medical evaluation requirements), or for changes to an existing respiratory protection program

under section 5144, to address COVID-19 hazards; and

 Consider halting all or part of operations to control the virus.

3. Q: What is an "exposed group"?

A: All employees at a work location, working area, or a common area at work, where an employee

COVID-19 case was present at any time during the high-risk exposure period. A common area at

work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. A

place where persons momentarily pass through while everyone is wearing face coverings without

congregating is not a work location, working area or a common area at work.

If the COVID-19 case was part of a distinct group of employees who are not present at the workplace

at the same time as other employees, for instance a work crew or shift that does not overlap with

another work crew or shift, only employees within that distinct group are part of the exposed group. If

the COVID-19 case visited a work location, working area or a common area at work for less than 15

minutes during the high-risk exposure period, and all persons were wearing face coverings at the time

the COVID-19 case was present, other people at the work location, working area or common area are

not part of the exposed group.

4. Q: Is the requirement to make testing available during outbreaks triggered by three or more

employee cases in an entire building?

A: No, the testing requirement is triggered by three or more employee cases in a 14-day period

present in the same "exposed group" during the "high-risk exposure period." For other areas of the

workplace, follow the requirements for employees who are exposed to COVID-19 cases.

5. Q: Can an employer separate employees into cohorts to reduce the likelihood of COVID-19

cases occurring in the same work locations/areas?

A: Yes, that is an acceptable strategy to reduce both risk and testing obligations. The ETS

requirements must still be implemented in the cohort.

6. Q: How can an employer measure the 14- or 30-day period in which to look for positive

employee cases to determine if there has been an outbreak or major outbreak?

A: The employer should look to the testing date of the employee cases. Any employee cases for

which the tests occurred within a 14-day period of each other would be reviewed to see if the other

criteria for an outbreak have been met.

7. Q: Is the "three or more cases" outbreak requirement limited to employee cases, or do cases

involving anyone that has been in the workplace count towards the requirement?

A: The cases are only among employees. However, this may include employees of contractors,

subcontractors, or other businesses or agencies.

Exclusion Pay and Benefits back to top

1. Q: If an employee is excluded from work because of workplace exposure under the ETS, is the

employee eligible for exclusion pay?

A: Yes. An employee who was excluded from work because of a workplace COVID-19 exposure

should receive exclusion pay if: 1) the employee was not assigned to telework during that time and 2)

the employee did not receive Disability Payments or Workers’ Compensation Temporary Disability

Payments during the exclusion period.

2. Q: How does Labor Code section 248.2, the 2021 COVID-19 Supplemental Paid Sick Leave law,

interact with the ETS?

A: From January 1, 2021 to September 30, 2021, the COVID-19 Supplemental Paid Sick Leave law,

Labor Code 248.2, required employers with 26 or more employees to provide their workers up to 80

hours of supplemental paid sick leave (SPSL) for certain COVID-19 related reasons. Workers could

have used SPSL if they were unable to work or telework due to COVID-19 illnesses, being required or

advised to quarantine, attending vaccine appointments, recovering from side effects, and taking care

of family members due to COVID-19. If workers took unpaid time off due to COVID-19 in 2021, they

might still be able to request pay after September 30. For more information, visit the Labor

Commissioner’s webpage on the expiration of 2021 COVID-19 SPSL. 2021 COVID-19 SPSL was one

of the paid leave options employers were required to inform workers of when they would not work due

to workplace exposure. There are other paid leave benefits still in effect. The ETS still requires

employers to provide paid exclusion leave to employees who are excluded from work due to a

workplace exposure as explained in other answers in this part of the FAQ on exclusion pay and

benefits.

3. Q: Can employers require that employees who are excluded due to workplace exposure take

paid sick leave under the ETS?

A: Employers that provide a paid leave policy that is separate and in addition to the paid sick leave

policy required by California’s Paid Sick Leave law (section 246 of the Labor Code) may require their

employees to use that separate sick leave as permitted by law. However, an employer cannot

require the employee to use the standard paid sick leave mandated under California’s Paid Sick

Leave law, even when there has been a workplace exposure and the employer is required to exclude

employees under the ETS.

4. Q: How long does an employee with COVID-19 exposure, or who tests positive for COVID-19

from the workplace, receive pay while excluded from the workplace?

A: An employee would receive pay for the period the employee is excluded which would typically be 5

to 10 days but may be longer in some circumstances. If an employee is out of work for more than the

standard exclusion period based on a single exposure or positive test, but still does not meet the

regulation's requirements to return to work, the employee may be entitled to other benefits, such as

Temporary Disability or Disability

5. Q: What rights do employees have if their employer retaliates against them for requesting

exclusion pay?

A: Employees are protected under various California statutes prohibiting retaliation for exercising

workplace rights. Employees should seek assistance from the Labor Commissioner’s Office if they

have questions about retaliation or want to file a retaliation complaint

6. Q: Does an employer have to maintain an employee's earnings and benefits under California

Code of Regulations, title 8, section 3205(c)(9)(C) if the employee is unable to work because of

reasons other than COVID-19 exposure at work?

A: No, the employer need not maintain the exposed employee's earnings and benefits if the excluded

employee is unable to work because of reasons other than exposure to COVID-19 at work (e.g., a

non-work exposure, business closure, caring for a family member, disability, or vacation). Such

employees may be eligible for other leave, including sick leave, or other benefits such as Disability

Insurance, Paid Family Leave, or Unemployment Insurance Benefits.

7. Q: The ETS states that an employer is not required to provide exclusion pay if the employer

can demonstrate that an employee's “close contact” was not work-related. What does that

mean?

A: The ETS does not require employers to pay workers who are excluded from work if the employer

can show that the employee's COVID-19 exposure was not work-related. In such circumstances,

employers may have other legal or contractual payment obligations, but pay and benefits are not

mandated by the ETS.

8. Q: How does an employer show that a COVID-19 exposure is not work-related?

A: Proving that COVID-19 exposure is not work-related to avoid the ETS' exclusion pay requirement

involves an employer conducting an investigation and producing evidence to show it is more likely

than not that an employee's COVID-19 exposure did not occur in the workplace.

9.  Q: How is exclusion pay calculated for employees excluded from the workplace due to 
exposure to COVID-19 at work? 
A: The rate of pay for exclusion pay is an employee’s regular rate of pay for the pay period in which 
the employee is excluded. Employees are entitled to exclusion pay depending on the length of the 
required exclusion period and how many days they were scheduled to work during that exclusion 
period. An employee must be paid no later than the regular payday for the pay period(s) in which the 
employee is excluded. 
10. Q: Can Cal/OSHA enforce the exclusion pay provision? 
A: As with any violation, Cal/OSHA has the authority to issue a citation and require abatement for 
violations of Cal/OSHA standards. 
11. Q: If an employee is excluded from work because of workplace exposure under the ETS and is 
not paid, where can the employee file a claim? 
A: If the employee did not receive pay for the exclusion period, the employee can file a wage claim 
with the Labor Commissioner’s Office. The Labor Commissioner’s Office can accept claims only for 
those employees who have been excluded from the workplace due to exposure at work. 
12. Q: How can an employee file a claim for exclusion pay with the Labor Commissioner’s Office? 
A: The employee may file an individual wage claim for exclusion pay with the Labor Commissioner’s 
Office. Alternatively, the employee may file a Report of a Labor Law Violation (RLLV) with the Labor 
Commissioner’s Office. An RLLV is a claim that alleges a systemic violation of law that affects several 
individuals. In such a case, the Labor Commissioner’s Office would evaluate whether the report 
involved the whole workforce and whether the Labor Commissioner’s Office should bring claims on 
behalf of the entire workforce or direct employees to file individual claims. 
13. Q: What if an employer does not exclude an employee from the workplace who was exposed 
to COVID-19? 
A: The ETS requires employers to exclude certain workers who had a close contact to persons with 
COVID-19. If an employer has improperly failed to exclude employees under the ETS, employees 
should contact Cal/OSHA and file a Workplace Safety Complaint. For more information, see 
Cal/OSHA’s COVID-19 Guidance and Resources. 
14. Q: Can employees qualify for workers’ compensation if they were exposed to COVID-19 in the 
workplace and test positive or are unable to work due to COVID-19 related symptoms? 
A: Employees who test positive for COVID-19 or are unable to work due to COVID-19 and believe 
they contracted COVID-19 at work should consider filing a workers’ compensation claim with their 
employer. For more information, see the Division of Workers’ Compensation COVID-19 Guidance 
and Resources. 
 
Employees who have received Disability Payments or are covered by workers’ compensation benefits 
and received temporary disability payments are not eligible for exclusion pay. 
15. Q: What pay or benefits may an employee be entitled to if they were exposed to COVID 19 
outside the workplace? 
A: Employees may be entitled to other pay and benefits. Please see additional resources on various 
programs administered by the Labor Commissioner’s Office and other government agencies. 
 
Waivers of Exclusion Requirements Based on Community Health and Safety  back to top 
 
 
1.  Q: What should an employer consider before seeking a waiver from Cal/OSHA from the return- 
to-work requirements of the ETS? 
A: The ETS allows employers to request a waiver of the requirement to exclude exposed or COVID- 
19 positive employees from the workplace if excluding them would create an undue risk to public 
health and safety. Cal/OSHA will not grant a waiver in violation of any order issued by a local or state 
health official pertaining to isolation or quarantine. To qualify for a waiver, an employer: (1) must 
provide goods or services, the interruption of which would cause an undue risk to a community's 

health and safety; AND (2) must be facing a potential staffing shortage based on actual COVID-19

cases or exposures. This exception is narrower than the definition of "critical infrastructure," though

such operations may qualify if there is an adverse impact on a community's health and safety.

Requests should not be made in anticipation of a future outbreak.

2. Q: How can an employer submit a request for a waiver of the exclusion requirements?

A: Employers should submit requests for waivers in writing, to [email protected]. In the event of an

emergency, an employer may request a provisional waiver by calling the local district office while it

prepares its written request.

3. Q: What information should an employer provide to Cal/OSHA in seeking a waiver of the

requirement to exclude COVID-19 exposed and COVID-19 positive employees from the

workplace?

A: While there is no set criteria for granting a waiver in the ETS, a waiver request that includes the

following information would constitute a complete waiver request that Cal/OSHA could quickly review

and respond to:

 The name of the employer and a description of their business or service;

 The name, address, email, and phone number of the employer’s point-of-contact;

 Statement that there are no local or state health officer orders for isolation or quarantine of the

excluded employees;

 A statement describing how excluding the exposed or COVID-19 positive employees from the

workplace would affect the employer's operation in a way that creates an undue risk to the

community's health and safety;

 The number of employees required to be quarantined under the ETS, and whether each

employee was exposed to COVID-19 or tested positive for COVID-19;

 The employer's control measures to prevent transmission of COVID-19 in the workplace if the

employee(s) return or continue to work in the workplace, including the prevention of further

exposures. These include measures such as isolating the returned employee(s) at the

workplace, use of respiratory protection by other employees in the exposed workplace or other

equally effective measures.

 Providing clear, specific responses when requesting a waiver will help Cal/OSHA respond as

efficiently as possible.

Recordkeeping and Reporting back to top

1. Q: What reporting and recordkeeping requirements are in the ETS?

A: An employer's reporting and recordkeeping requirements under the ETS include the following:

 Following state and local health department reporting requirements.

 Reporting COVID-19 workplace outbreaks to the local health department and providing

information requested by the local health department.

 Reporting serious occupational illnesses to Cal/OSHA, consistent with existing regulations.

 Maintaining records required by California Code of Regulations, title 8, section 3203(b),

including inspection records, documentation of hazard corrections and training records

(requirements vary by employer size).

 Making the written COVID-19 Prevention Program available upon request to Cal/OSHA,

employees and employees' authorized representatives.

 Recording and tracking all COVID-19 cases with the employee's name, contact information,

occupation, location where the employee worked, date of last day at the workplace and date of

positive COVID-19 test. The information must be provided to the local health department,

Cal/OSHA, the Department of Public Health, and the National Institute for Occupational Safety

and Health immediately upon request. Otherwise, medical information must be kept

confidential unless disclosure is required or permitted by law.

 Documenting that employees who do not wear face coverings indoors or in vehicles with

others are fully vaccinated.

Employer-Provided Housing back to top

1. Q: Does the section of the ETS regarding Employer-Provided Housing (Cal. Code Regs., tit. 8,

§ 3205.3) apply to housing in which all residents are fully vaccinated?

A: The subsections on assignment of housing units, ventilation, face coverings, cleaning and

disinfection, and screening do not apply where all residents are fully vaccinated.

The subsection on testing after close contact and during outbreaks, and the subsection on

quarantine and isolation do apply where all residents are fully vaccinated.

2. Q: Is the Housing for the Harvest program covered by California Code of Regulations, title 8,

section 3205.3, which addresses COVID-19 Prevention in Employer-Provided Housing?

A: Housing for the Harvest is a program that offers temporary hotel housing to agricultural workers

who need to isolate or quarantine due to COVID-19. The purpose of the ETS is to prevent

transmission to workers who are working while living together in employer-provided housing. Once an

employee is isolated or quarantined, the prevention elements of the regulation designed to protect

employees living together are no longer applicable and the only part of section 3205.3 that would

apply is subsection 3205.3(h), which addresses isolation of COVID-19 cases and quarantining

persons with COVID-19 exposure.

3. Q: Do the ETS' housing requirements apply to housing of H-2A employees subject to a federal

agreement, even if that agreement allows for a greater number of employees in a given space?

A: Yes, the ETS applies to housing subject to an H-2A contract. The H-2A program requires H-2A

employers to comply with state laws, including health and safety laws.

4. Q: How does an employer enforce physical distancing and face covering requirements in

employer-provided housing?

A: California Code of Regulations, title 8, section 3205.3 does not require employers to enforce

physical distancing and face covering requirements. The employer obligations include:

 Ensuring housing units, kitchens, bathrooms and common areas are effectively cleaned.

 Providing face coverings to all residents along with information regarding when they should be

used in accordance with state or local health officer orders or guidance.

 Instructing employees not to share unwashed dishes, drinking glasses, cups or eating utensils.

 Maximizing the quantity and supply of outdoor air and increasing filtration efficiency.

 Encouraging residents to report COVID-19 symptoms.

 Communicating to residents the policies and procedures for COVID-19 testing.

CDPH’s Isolation and Quarantine Guidance back to top

1. Q: How do the latest changes to the recommended isolation and quarantine periods from

CDPH affect the ETS?

A: In December of 2020, the Governor issued Executive Order N-84-20, which states that the

recommended isolation and quarantine periods in the ETS (also called “exclusion periods” in the

ETS) will be overridden by any applicable isolation or quarantine recommendation by the CDPH or, if

applicable, the local health department with jurisdiction over the workplace, if the periods in the ETS

are longer than those recommended by the CDPH or local health department. If the CDPH and local

health department isolation and quarantine recommendations differ, the required exclusion period

under the ETS is the longer of the two.

This means that the new isolation and quarantine recommendations from CDPH replace the

exclusion periods and return to work criteria in sections 3205(c)(9) and 3205(c)(10) of the ETS. The

exclusion requirements are as follows in the tables below.

Table 1: Exclusion Requirements for Employees Who Test Positive for COVID-19 (Isolation)

Requirements apply to all employees,

regardless of vaccination status, previous

infection, or lack of symptoms.

 Employees who test positive for COVID-19 must be

excluded from the workplace for at least 5 days.

 Isolation can end and employees may return to the

workplace after day 5 if symptoms are not present

or are resolving, and a diagnostic specimen*

collected on day 5 or later tests negative.

 If an employee is unable or chooses not to test

and

their symptoms are not present or are resolving,

isolation can end and the employee may return to

the workplace after day 10.

 If an employee has a fever

, isolation must continue

and the employee may not return to work until the

fever resolves

iii

 If an employee’s symptoms other than fever are not

resolving, they may not return to work until their

symptoms are resolving or until after day 10 from

the positive test.

 Employees must wear face coverings around

others for a total of 10 days after the positive test,

especially in indoor settings. Please refer to the

section in this FAQ on face coverings for additional

face covering requirements.

Antigen test preferred.

Table 2: Employees Who Are Exposed to Someone with COVID-19 (Quarantine)

Requirements apply to employees who are:

 Unvaccinated; OR

 Vaccinated and booster-eligible

but

have not yet received their booster dose.

Refer to CDC COVID-19 Booster Shots to

determine who is booster eligible.

 Employees must be excluded from the workplace

for at least 5 days after their last close contact

with a person who has COVID-19.

 Exposed employees must test on day 5.

 Quarantine can end and exposed employees

may return to the workplace after day 5 if

symptoms are not present and a diagnostic

specimen collected on day 5 or later tests

negative.

 If an employee is unable or chooses not to

test and does not have symptoms, quarantine

can end and the employee may return to the

workplace after day 10.

 Employees must wear face coverings around

others for a total of 10 days after exposure,

especially in indoor settings. Please refer to the

section in this FAQ on face coverings for

additional face covering requirements.

 If an exposed employee tests positive for COVID-

19, they must follow the isolation requirements

above in Table 1.

 If an exposed employee develops symptoms,

they must be excluded pending the results of a

test.

 Employees are strongly encouraged to get

vaccinated or boosted.

Employers are not required to exclude asymptomatic employees in this category if:

 A negative diagnostic test is obtained within 3-5 days after last exposure to a case;

 Employee wears a face covering around others for a total of 10 days (please refer to the

section in this FAQ on face coverings for additional face covering requirements); and

 Employee continues to have no symptoms.

Table 3: Employees Who Are Exposed to Someone with COVID-19 (No Quarantine Required)

Requirements apply to employees who are:

 Boosted; OR

 Vaccinated, but not yet booster-eligible.

Refer to CDC COVID-19 Booster Shots to

determine who is booster eligible.

Employees do not need to quarantine if they:

 Test on day 5 with a negative result.

 Wear face coverings around others for 10 days

after exposure, especially in indoor settings.

Please refer to the section in this FAQ on face

coverings for additional face covering

requirements.

 If employees test positive, they must follow

isolation recommendations above.

 If employees develop symptoms, they must be

excluded pending the results of a test.

In addition to the above, pursuant to section 3205(c)(10)(E), when an order to isolate, quarantine, or

exclude an employee is issued by a local or state health official, the employee shall not return to work

until the period of isolation or quarantine is completed or the order is lifted even if the order exceeds

the specified exclusion requirements in the ETS or CDPH recommendation.

2. Q: What if tests cannot be obtained following a close contact?

A: If employees covered by Table 2 cannot be tested as required, quarantine must continue for at

least 10 days as explained in the table. If employees covered by Table 3 cannot be tested on day 5,

employers should follow the ETS. For vaccinated close contacts, as of January 14, 2022, that means

wearing a face covering and maintaining six feet of distance for 14 days following the close contact.

3. Q: What happens if a COVID-19 case returns to work in compliance with the ETS and CDPH

guidance but is still be with the definition of “high risk exposure period”?

A: In some circumstances, a COVID-19 case can return to work in compliance with the ETS and

CDPH guidance while still within the definition of “high risk exposure period.” As long as that person

complies with the return to work requirements, then people who spend 15 minutes or more within six

feet of that person will not be considered to have a “close contact” under the ETS.

Employers may require employees submit to viral testing for COVID-19. Please refer to the FAQ

from DFEH for further information.

A fever is a measured body temperature of 100.4 degrees Fahrenheit or higher.

iii

A fever resolves when 24 hours have passed with no fever, without the use of fever-reducing

medications.

Additional Resources 
 
1.  Q: What additional resources are available for employers and workers to understand the rule 
and comply? 
A: Cal/OSHA has a number of resources in place and in development to assist with compliance with 
the ETS: 
 
  These FAQs will be expanded on an ongoing basis to assist stakeholders in understanding the 
ETS. 
  The Consultation Services Branch will be available to answer employer questions about the 
ETS. 
  Cal/OSHA is updating its training on the ETS to provide in a webinar format. 
  Cal/OSHA has developed a Model Program to assist employers in developing a COVID-19 
Prevention Program. 
  Materials will continue to be posted and updated on Cal/OSHA's COVID-19 webpage. 
  COVID-19 Sick Leave and Employment Law 
  For questions on paid sick leave, retaliation protections, filing a wage claim, or retaliation 
complaint, call 833-LCO-INFO (833-526-4636) 
  COVID-19 Workplace Safety and Health Information 
  You can file a workplace safety and health complaint with Cal/OSHA online, or by telephone at 
the district office closest to you. 
  COVID-19 Resources for Workers' Compensation 
  Call 1-800-736-7401 for recorded information on workers' compensation benefits from 
Information and Assistance staff 24 hours a day, or contact a local Division of Workers' 
Compensation office during business hours to reach a live person. 
  Department of Fair Employment and Housing COVID-19 Resources and Guidance (Includes 
Information on COVID-19 Vaccinations in the Workplace) 
 
 
FAQ Revision and Updates                   back to top 
 
  January 27, 2022: 
o  Added Scope of Coverage Q&A number 9 
o  Updated Identifying, Evaluating and Correcting COVID-19 Hazards   Q&A number 2 answer 
o  Removed asterisk in table 2 in CDPH’s Isolation and Quarantine Guidance 
o  Removed asterisk in first bullet under table 2 in CDPH’s Isolation and Quarantine Guidance 
 
 
 