Updated – December 27, 2021
Contractor Resources
Mandatory COVID-19 Vaccine Policy
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Sample Forms for Mandatory COVID-19 Vaccine Policy
- Some of you may be considering implementing a mandatory vaccine policy for your workforce. If so, we have a sample policy you may rebrand and use accordingly. If this is your preference, please keep in mind that employees may be able to assert a religious or medical objection to being vaccinated. In those cases, you must accommodate them per the law.
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OSHA Fact Sheet on its Covid-19 Vaccination and Testing ETS
- OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) covers employers with 100 or more employees and requires them to take steps to minimize the risk of COVID-19 transmission in the workplace. The Occupational Safety and Health Act protects workers from retaliation for exercising their rights under the ETS.
COVID-19 Prevention
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COVID-19 Prevention Plan
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In response to Cal/OSHA’s emergency temporary standards regarding COVID-19 prevention in the workplace, our legal counsel has developed a California COVID-19 Prevention Plan compliant with the new Cal/OSHA regulation and California’s AB 685 notice requirement. The California COVID-19 Prevention Plan also includes prepared templates and forms to comply with AB 685’s Notice Requirements.
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COVID-19 Management Plan and Fillable Form
- According to Cal/OSHA guidelines, mandatory infection control measures must be included in the contractor’s Injury and Illness Prevention Program. As a result, we have provided you with the COVID-19 Management Plan for your company facility and/or job site locations, as well as a fillable form for your convenience.
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COVID-19 General Checklist for Construction Employers
- This checklist is intended to help construction employers implement their plan to prevent the spread of COVID-19 in the workplace and is supplemental to the Guidance for Construction Employers. This checklist is a summary and contains shorthand for some parts of the guidance. Please familiarize yourself with the guidelines before using this checklist.
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“What Employers Need to Know About the December 16th Standards” FAQ Sheet
- On December 16, the Occupational Safety and Health Standards Board readopted the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) for the second time. These emergency standards include important revisions to make the workplace rules consistent with the latest requirements and recommendations from the California Department of Public Health (CDPH).
Exposure Notices and Documents
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COVID-19 Workplace Exposure Notice and Reporting Forms
- Below are three forms to help employers meet the 24-hour notice requirement for when an employee tests positive for coronavirus:
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COVID-19 Employer Reporting Requirements
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The California Chamber of Commerce created a table explaining employer obligations for when an employee tests COVID-19 positive. Employers can now easily determine what to do under the laws dealing with this requirement.
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Critical Infrastructure Notices
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- Below are two fillable documents for contractors and workers that express an employee’s right to work and where to direct further questions:
Financial Resources
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FFCRA Forms and Guides
- Below are important documents for employers providing voluntary FFCRA leave for their employees.
Health and Safety
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Asking Employees About COVID-19 Symptoms
- If your employee is experiencing COVID-19 symptoms, here are helpful questions you can ask to provide them the help they need.
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Cal/OSHA Industry Specific Safety and Health Guidance Sheet
- Cal/OSHA has issued guidance to the construction industry on COVID-19 Jobsite safety practices. While some counties and agencies have issued guidelines individually, this is the first industry-specific guidance issued by Cal/OSHA on COVID-19 worker protections. This guidance should be used as a baseline. It’s encouraged that contractors update their safety plans to include the Cal/OSHA provisions as to minimum guidelines.
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SCGMA Article: Supporting One Another During COVID-19
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Take a look at this informative SCGMA article for ideas on how to create a supportive work environment and keep team spirit alive.
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Legislative Updates & Resources
Financial Updates
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COVID Relief Bill: Changes to PPP Loans and New Lending Terms
- Changes to the Paycheck Protection Program (PPP) are underway since the President signed the Consolidated Appropriations Act, which contains the Economic Aid Act, on December 27, 2020. Click here to read PPP loan updates and modifications and its tax treatment changes.
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New Families First Coronavirus Response Act (FFCRA) Guidelines
- FFCRA Leave Requirements Expired Dec. 31, 2020, but employers can claim the FFCRA tax credit through March 31, 2021 by voluntarily offering FFCRA to their employees.
- This post includes previous information regarding FFCRA and AB 1867 (COVID-19 Supplemental Sick Leave)
Cal/OSHA
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California Standards Board Passes Sweeping Cal/OSHA Emergency COVID-19 Prevention Regulation
- On December 16, 2021, the Cal/OSHA Standard Board approved revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS) based on the latest recommendations from the California Department of Public Health. The revised ETS are effective on January 14, 2022 and expiring 90 days later on April 22, 2022.
Fed/OSHA
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Federal OSHA Issues Long-Awaited “Vaccine or Test” Emergency Regulations
- On December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals reinstated the OSHA rule requiring employers with 100 or more employees to ensure either that their employees are fully vaccinated against Covid-19 by January 4 or submit to weekly testing and mandatory masking. The new compliance deadline is now January 10.
Legislation Summaries and Resources
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SB 1159: Worker’s Compensation: COVID-19: Critical Workers
- In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for COVID-19 contracted the virus at work for workers’ compensation purposes. The California legislature has passed Senate Bill 1159, which creates a new framework for COVID-19-related workers’ compensation claims.
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AB 685: COVID-19: Imminent Hazard to Employees: Exposure: Notification: Serious Violations
- On September 17, 2020, California doubled down on its efforts to keep non-remote employees safe from COVID-19 exposure. Governor Newsom signed AB 685, new legislation that allows the state to track COVID-19 cases in the workplace more closely. AB 685 expands Cal/OSHA’s authority to issue Orders Prohibiting Use (OPU) and prescribes exhaustive notice requirements in the event of a COVID-19 exposure in the workplace. AB 685 also enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak in the worksite. The law takes effect on January 1, 2021.
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Governor Newsom Announcements
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Governor Newsom Announces Regional Stay-at-Home Order
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On December 3, 2020, Governor Newsom announced a “Regional Stay-at-Home Order” that will be triggered if the Intensive Care Unit (ICU) capacity drops below 15 percent in a given region. Once the order is implemented, residents will be required to stay at home as much as possible and minimize mixing to reduce exposure.
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Executive Order N-62-20
- Governor Newsom’s Executive Order N-62-20 provides that all California employees who work at a job site outside their home at their employer’s direction between March 19, 2020 – July 5, 2020 and test positive for COVID-19 within 14 days of working at their job site are presumed to have contracted any COVID-19-related illness at work for the purposes of awarding workers’ compensation benefits.
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The State of California Links
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State of California COVID-19 Website
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Official United States COVID-19 Webpage
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U.S. Department of Labor COVID-19 Webpage