California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4 - Division of Industrial Safety
Subchapter 7 - General Industry Safety Orders
Introduction
Section 3205.1 - Covid-19 Outbreaks
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope. This section applies until February 3, 2025.
(b) COVID-19 testing.
(c) Face coverings. Employees in the exposed group, regardless of vaccination status, shall wear face coverings when indoors, or when outdoors and less than six feet from another person, unless one of the exceptions in subsection 3205(f)(2) applies.
(d) Respirators. Employers shall notify employees of their right to request and receive a respirator for voluntary use under subsection 3205(g).
(e) COVID-19 investigation, review, and hazard correction. The employer shall perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19 when this section initially applies and periodically thereafter. The investigation, review, and changes shall be documented and shall include:
(f) Ventilation. In buildings or structures with mechanical ventilation, employers shall filter recirculated air with Minimum Efficiency Reporting Value (MERV)-13 or higher efficiency filters if compatible with the ventilation system. If MERV-13 or higher filters are not compatible with the ventilation system, employers shall use filters with the highest compatible filtering efficiency. The employer shall use High Efficiency Particulate Air (HEPA) air filtration units in accordance with manufacturers' recommendations in indoor areas occupied by employees for extended periods, where ventilation is inadequate to reduce the risk of COVID-19 transmission.
(g) Major outbreaks. If 20 or more employee COVID-19 cases in an exposed group, as defined by subsection 3205(b)(7), visited the worksite during their infectious period within a 30-day period, the employer shall do the following while section 3205.1 applies:
1. New
section filed 11-30-2020 as an emergency; operative 11-30-2020. Emergency
expiration extended 60 days (Executive Order N-40-20) plus an additional 60
days (Executive Order N-71-20) (Register 2020, No. 49). A Certificate of
Compliance must be transmitted to OAL by 10-1-2021 or emergency language will
be repealed by operation of law on the following day.
2. New section
refiled with amendments 6-17-2021 as an emergency; operative 6-17-2021 pursuant
to Executive Order N-09-21 (Register 2021, No. 25). Exempt from the APA
pursuant to Government Code sections
8567,
8571 and
8627
(Executive Order N-09-21). Emergency expiration extended 60 days (Executive
Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A
Certificate of Compliance must be transmitted to OAL by 1-13-2022 or emergency
language will be repealed by operation of law on the following
day.
3. New section refiled 1-5-2022 as an emergency; operative
1-14-2022 (Register 2022, No. 1). A Certificate of Compliance must be
transmitted to OAL by 4-14-2022 or emergency language will be repealed by
operation of law on the following day.
4. Editorial correction of
HISTORY 5 (Register 2022, No. 9).
5. Emergency filed 1-5-2022
extended an additional 21 calendar days pursuant to Executive Order N-5-22. A
Certificate of Compliance must be transmitted to OAL by 5-5-2022 or emergency
language will be repealed by operation of law on the following
day.
6. New section, including amendments, refiled 5-5-2022 as an
emergency pursuant to EO N-23-21; operative 5-5-2022 pursuant to EO N-23-21
(Register 2022, No. 18). Pursuant to EO N-23-21, a Certificate of Compliance
must be transmitted to OAL by 12-31-2022 or emergency language will be repealed
by operation of law on the following day.
7. Certificate of
Compliance as to 5-5-2022 order, including repealer of former section 3205.1
and renumbering of section
3205.2 to 3205.1 with amendment of
section heading and section, transmitted to OAL 12-20-2022 and filed 2-3-2023;
amendments effective 2-3-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 5).
8. Editorial correction of HISTORY 7
(Register 2023, No. 29).
Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 144.6, Labor Code.