On January 9, 2024, the California Department of Public Health (CDPH) significantly relaxed the rules on COVID exclusion periods, moving away from the 5-day isolation requirement after a positive COVID test.
Return to Work
For COVID-19 cases with symptoms, employees may return to work if 24 hours have passed with no fever, without the use of fever-reducing medications, and their symptoms are mild and improving. For COVID-19 cases without symptoms, there is no longer an infectious period for purposes of isolation or exclusion, but if symptoms develop, the 24-hour rule will apply.
Testing
In addition, the CDPH no longer recommends testing for all close contacts of infected individuals. Instead, CDPH recommends testing only for individuals with new COVID-19 symptoms, or close contacts who are at a higher risk of severe disease or have contact with people who are at a higher risk.
For workplace outbreaks, COVID-19 Prevention regulations still require testing of all close contacts in outbreaks, and everyone in the exposed group in major outbreaks.
Employers must continue to make COVID-19 testing available at no cost and during paid time to all employees with a close contact, except for asymptomatic employees who recently recovered from COVID-19.
Masking
Employers also must provide face coverings and ensure they are worn when CDPH requires their use. COVID-positive Employees who return to work must wear a face covering for 10 days from the start of symptoms. If the employee did not have symptoms, they must still wear a face covering for 10 days from the date of their first positive COVID-19 test.
Notice
Employers must still notify all employees, independent contractors, and employers with an employee who had close contact with a COVID-19 case of a potential exposure “as soon as possible,” per Cal-OSHA standards which remain in effect until February, 2025 [See Cal-OSHA Guidance also issued January 9, 2024].
Please reach out to your Cook Brown attorney for additional information.
