Dear Clients and Friends:
There are recent updates in quarantine and isolation rules in California, and given the uptick in unwell employees we decided not to wait until Friday to share. As always, if you are curious about our prior Friday Five or other Newsletters, you will find them here.
1. California Has Updated its Quarantine and Isolation Provisions to Align More Closely with the CDC.
On Friday, the California Department of Public Health updated its quarantine and isolation guidance to align more closely with the guidance from the Centers for Disease Control ("CDC"). This guidance is incorporated into the Cal/OSHA COVID-19 regulations by way of Governor’ Newsom's earlier Executive Order.
Please note: these updates will require that you update your COVID Safety & Prevention Program, quarantine and isolation certification (if you use one), and communications to employees regarding exclusion periods. You’ll also need to begin tracking booster doses, if you haven’t already. Please let us know if we can help you establish or update your policies and practices to be sure you remain in compliance with the many rules!
- Guidance for COVID-19 positive cases:
Symptomatic Employees: Regardless of vaccination status, these employees must isolate and may return to work as follows:
With testing: The employee may return to work after at least 5 days have passed since symptoms began if (1) they test on day 5 or later, and (2) the result is negative, and (3) the employee has no fever in the past 24 hours (without fever-reducing medications), and (4) symptoms have resolved or are improving. (Previously, symptomatic employees were required to isolate for at least 10 days and could not return sooner with a negative test.)
Without testing: The employee may return to work after 10 days if symptoms have resolved or are improving and the employee has no fever in the past 24 hours (without fever-reducing medications). (This criteria is unchanged.)
The employee must wear a face mask for a total of 10 days after symptoms began, even if they have already returned to work and regardless of vaccination status.
Asymptomatic Employees: regardless of vaccination status, these employees must isolate and may return to work as follows:
With testing: The employee may return after at least 5 days have passed since the date of the first positive test, provided they test on day 5 or later and the result is negative. If the employee develops symptoms during the isolation period, follow the criteria for symptomatic positive cases above.
Without testing: The employee may return after 10 days since the date of the first positive test. (This criteria is unchanged.)
The employee must wear a face mask for a total of 10 days after symptoms began, even if they have already returned to work and regardless of vaccination status.
- Guidance for COVID-19 Exposed Employees (Close Contact):
Asymptomatic Exposed Employees: If the employee is fully vaccinated and boosted or is fully vaccinated and not yet eligible for a booster dose, they do not need to quarantine. The employee must receive a negative COVID-19 test that is collected on day 5 or later. They must wear a face covering for 10 days. (See more on boosters below)
If the employee is not fully vaccinated or is fully vaccinated and eligible for a booster, but has not been boosted (including if they tested positive in the past 90 days), they must quarantine and may return to work as follows:
With testing: The employee may return to work after at least 5 days have passed since the last exposure, if the employee receives a negative COVID-19 test that is collected on day 5 or later. They must wear a face covering for 10 days.
Without testing: The employee may return to work after 10 days have passed since the last exposure.
If the employee develops symptoms during the quarantine period, follow the criteria for symptomatic positive cases above.
Symptomatic Exposed Employees: Follow the criteria for symptomatic positive cases above.
While the updated CDPH guidance potentially reduces the quarantine period to 5 days for some individuals, it will require some vaccinated individuals (those who are booster eligible but have not received the shot) to be excluded for at least 5 days, when previously they would not have been required to quarantine.
Note that because Cal/OSHA updated its regulations, effective January 14, there also will be be a requirement that California employees wear a face mask and stay 6 feet away from others for 14 days following the date of exposure (regardless of vaccination status), but that is not currently in effect.
Also note, as mentioned in our most recent Friday 5 Newsletter, until we hear otherwise from OSHA, the shortened isolation periods for COVID-19 positive employees do not apply under the federal OSHA Vaccination and Testing ETS applicable to companies with 100+ employees.
Finally, employers still need to check local quarantine and isolation periods as they may be more restrictive. Cal/OSHA requires employers to follow applicable local health orders to the extent they are more restrictive than those imposed by Cal/OSHA, CDPH, or the CDC. While we anticipate that most local public health departments will move quickly to adopt the new CDPH guidance (and some already have, e.g., Los Angeles County), their longer time periods will control until local departments act.
2. The CDPH and CDC Also Updated Guidance on Boosters.
The CDPH and the CDC now have more specific recommendations regarding booster doses for those who received a mix and match series or received a World Health Organization (WHO-approved) vaccine. You’ll need to ensure employees meet the below requirements when considering whether they are boosted for purposes of quarantine.
Booster eligible employees: Per the CDC and CDPH, individuals are eligible for booster doses six (6) months after completing the primary vaccine series of Pfizer or Moderna vaccines (including a mix and match of vaccines), or a World Health Organization (WHO) emergency use listed vaccine or two (2) months after completing the primary vaccine series of the Johnson & Johnson vaccine.
Booster Requirements per the CDPH:
- For employees who received the Moderna, Pfizer, or Johnson & Johnson vaccines, any of these vaccines are acceptable for the booster dose, but either Moderna or Pfizer are preferred.
- For employees who received a mix and match series of multiple vaccines or employees who received a WHO emergency use listed vaccine, only the Pfizer vaccine is acceptable for the booster dose. If the employee received a booster from another manufacturer (but is booster eligible), the employee is considered not to be boosted.
3. And Over the Weekend the CDC Signaled an Additional Change to Its Quarantine and Isolation Rules.
Stay poised for further updates to the CDC’s isolation and quarantine guidance. The CDC has indicated that it will consider further revisions to its isolation and quarantine guidance to require testing similar to California’s requirements.
4. Also Over the Weekend, CMS Reversed Its Prior Stance on Enforcement of the Federal Healthcare Mandate.
The federal Centers for Medicare & Medicaid Services ("CMS") initially indicated that it would refrain from enforcement of the healthcare vaccine mandate in the 25 states in which it has not been enjoined. In other words, CMS intends to enforce its healthcare vaccine mandate pending the January 7, 2022 Supreme Court decision. Impacted states are: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington and Wisconsin. CMS also will enforce its vaccine mandate in the District of Columbia and the territories.
CMS has, however, modified the compliance dates for the mandate. Facilities in these 25 states now must comply with phase 1 of the CMS mandate (covered health care facilities must require that employees and other covered individuals receive, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to providing any care, treatment or other services for the facility or its patients) by January 27, 2022. These facilities must comply with phase 2 of the mandate (covered health care facilities must require that employees and other covered individuals complete the primary vaccination series or have obtained an exemption) by February 28, 2022.
5. CDPH has Updated Requirements for Visitors to Healthcare Facilities
CDPH has updated the vaccination and testing requirements for visitors to general acute care hospitals, skilled nursing facilities, intermediate care facilities, and adult and senior care residential facilities, and covered facilities must be in compliance by January 7, 2022.
The updated requirements incorporate verification of booster doses for eligible persons and updated testing requirements. Full details regarding the updated requirements can be found here.
As a Heads Up: If all is quiet this week, then we will not send a Friday Five (or equivalent) until after the U.S. Supreme Court hears oral argument and issues its decisions in the CMS and federal OSHA ETS (100+ Employee Vaccine Mandate) matters (scheduled to be argued on January 7, 2022). Still eager to be ready for a possible mandate? We are happy to help.
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