Update Applicable to:
All employers in the state of California.

What happened?
The California Department of Public Health (CDPH) has recently provided guidance on the Covid-19 Close Contact Health order.

What are the details?
CDPH had provided some clarification on the guidance issued on June 20, 2022, stating that when entities are responding to potential exposure, they may prioritize the response by:

• Identifying close contacts who may be considered “high-risk contacts” based on their proximity to the case in the setting, the duration or intensity of their exposure, and/or their greater risk of severe illness or death from exposure.
• Determining any smaller spaces within the larger indoor setting to assess potential exposure.
• Determining any transient exposures totaling

On July 18, 2022, Cal/OSHA updated its FAQ for the ETS to address the close contact determination relating to the ETS. Cal/OSHA states that shared indoor airspace may be analyzed in several ways as follows:

• Smaller spaces within a large indoor space separated by floor-to-ceiling walls are not part of the same indoor airspace as the large indoor space (i.e., suites, waiting areas, bathrooms, or break areas).
• Larger indoor settings that are not divided into smaller spaces separated by floor-to-ceiling walls may constitute a shared indoor airspace i.e., open-floor plan offices, warehouses, or retail stores. In this situation, Cal/OSHA states that “employers must evaluate whether employees shared the same indoor airspace on a case-by-case basis, considering the duration and proximity of the contact, regardless of the specific task of the employees.”
• Cal/OSHA states in its guidance that “proximity and length of exposure are vital to this determination.

For more information, please see the links below:

June 20, 2022, Guidance

Close Contact Health Order

Cal/OSHA FAQ for the ETS

Article  

What do employers need to do?
Employers should review the links above and ensure they take the necessary precautions to protect their employees.

Vensure encourages employers to reach out to their local health departments in case there are specific rules, regulations, or guidance that the CDPH does not oversee.

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