Question: Have there been any changes to the testing requirements or isolation periods for COVID-19 positive cases in the workplace?
Answer: Yes, on January 9, 2024, Cal/OSHA and the California Department of Public Health issued an order revising its COVID-19 Prevention Non-Emergency Regulations (“Regulations”). These changes include revisions to the definition of infectious period, isolation requirements for positive cases, and close contact testing.
Infectious Period
The Regulations now define the COVID-19 infectious period as:
- For symptomatic confirmed cases, from the day of symptom onset until 24 hours have passed with no fever, without the use of fever-reducing medications, AND symptoms are mild and improving.
- For asymptomatic confirmed cases, there is no infectious period for the purpose of isolation or exclusion. If symptoms develop, the criteria above will apply.
CDPH still recommends a person who tests positive for COVID-19 wear a mask through day 10, and acknowledges that the “potential infectious period” is 2 days before symptoms develop or before the COVID-19 positive test date. However, for purposes of isolation and exclusion from work, this shorter infectious period is now the working definition.
Isolation Period
Previously, non-symptomatic COVID-19 positive cases needed to isolate for five days. The new Regulations for non-symptomatic positive cases do not require any isolation period, but simply require the person wear a mask and avoid contact with people at a high risk for “severe COVID-19” for ten days.
For symptomatic cases, the COVID-19 positive person should be excluded from the worksite for 24 hours, and may return when 24 hours have passed without fever and when symptoms are mild and improving.
Close Contact Testing
CDPH no longer recommends testing for all close contacts. Testing is recommended only for people with new COVID-19 symptoms and close contacts who are at higher risk of severe disease or who have contact with people who are at higher risk of severe disease.
Employers must continue to make COVID-19 testing available at no cost and during paid time to all employees with a workplace close contact, except for asymptomatic employees who recently recovered from COVID-19.
In workplace outbreaks or major outbreaks, the Regulations still require testing of all close contacts in outbreaks, and everyone in the exposed group in major outbreaks. Employees with symptoms who refuse to test must be excluded for at least 24 hours from symptom onset, and can return to work only when they have been fever-free for at least 24 hours without the use of fever-reducing medications, and symptoms are mild and improving.
Requirements that Remain the Same:
The Regulations that have not changed include addressing COVID-19 as a workplace hazard either in employers’ Injury and Illness Prevention Programs or in a separate COVID-19 prevention plan. Employers must continue to ensure returning COVID-19 cases use face coverings until 10 days have passed from the date symptoms began or, for asymptomatic cases, from the date of their first positive test.
These COVID-19 Prevention Non-Emergency Regulations remain in effect until 2025. However, as we see from the January 9, 2024 update, these regulations can still be revised and updated. Employers can review the most recent guidance on Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations FAQ page and should update their COVID-19 policies to reflect the latest information.