On May 5, 2021, California Division of Occupational Safety and Health (Cal OSHA) updated its COVID-19 FAQ to provide guidance on California employers’ obligation to exclude employees who are fully vaccinated when exposed to a confirmed positive COVID-19 case.
In accordance with Executive Order N-84-20 and the new California Department of Public Health (CDPH) Recommendations for Fully Vaccinated Individuals, employers do not need to exclude fully vaccinated employees who have been exposed to COVID-19 if they are asymptomatic. While the CDPH has provided general guidance for fully vaccinated people congregating indoors and at crowded outdoor events, it has specifically carved out language for employers to abide by in the workplace.
Moreover, Cal-OSHA has clarified that employees who are not fully vaccinated are now subject to a 10-day quarantine period and exclusion from the workplace during a COVID-19 exposure even though the agency recommends a 14-day quarantine period.
If you have any questions regarding this Alert, please contact the authors, David L. Cheng, partner in our Los Angeles office at dcheng@fordharrison.com, or Paul M. Suh, associate in our Los Angeles office at psuh@fordharrison.com. Of course, you can also contact the FordHarrison attorney with whom you usually work.