🎙️ Voice is AI-generated. Inconsistencies may occur.
California is expected to extend its coronavirus pandemic regulations into next year, with one important change.
The California Occupational Safety and Health Standards Board (OSHSB) revised a rule that distinguished vaccinated and unvaccinated employees. In the measures expected to be approved on Thursday, both sets of workers exposed to COVID-19 will be required to stay home. Vaccinated but asymptomatic workers will have to stay home for 14 days regardless of testing status, a policy currently enacted for unvaccinated workers. Once they arrive back at their work, they will be required to wear a face mask and stay six feet away from others.
This ruling comes a day after an indoor mask mandate was reinstituted. This mandate affects both vaccinated and unvaccinated people in order to prevent the spread of COVID-19, particularly the Omicron variant, across the state.
"It's good that we're realizing that vaccines aren't the silver bullet to get us out of this," said Mitch Steiger legislative advocate for the California Labor Federation. "There's never a good time to start disarming against COVID-19."
However, some are critical of the way that the new policy seemingly discourages vaccination.
"Treating vaccinated and unvaccinated people similarly really denies the scientific value of the vaccine and disincentivizes vaccination," said California Chamber of Commerce policy advocate Robert Moutrie.
Under current workplace rules, vaccinated employees can keep working even if they've been exposed, unless they show symptoms, under the assumption that the vaccine generally will protect them.
California was among numerous states that adopted emergency COVID-19 workplace safety measures, including Michigan, Oregon and Virginia.
The Biden administration has ordered all U.S. employers with more than 100 workers to be vaccinated, tested regularly or wear masks at work starting January 4, but the order is stalled amid court challenges from Republican-led states and fears from employers that the rules would only add to the worker shortage.
Regulators were foolish to loosen the restrictions in June under pressure from employers and are smart to tighten them now, said Steiger.
The chamber led a coalition of about 60 business groups arguing in a letter to the board that vaccinations are still largely effective and usually prevent serious illness and death even if there are breakthrough infections.
A planned change that would require testing even of vaccinated workers with no symptoms could also strain the availability of rapid tests and boost employers' costs, said the groups, which include agribusiness, retailers, home builders, restaurateurs and manufacturers, along with cities and counties.
The stricter safeguards "will only worsen the present labor shortage affecting California workplaces," Moutrie predicted. "Moreover, reinstituting social distancing on a per person basis is just not feasible in many work places" that would have to move physically move workstations or equipment.
The rules apply in almost every workplace in the state, including to workers in offices, factories and retail.
The Motion Picture Association said the safeguards are not feasible for those filming movies, television shows or commercials because "employees who work in front of the camera cannot be expected to wear a face covering" and those doing hair and makeup "cannot perform their job duties while maintaining six feet of distance from other employees."
OSHSB conformed its current regulations to general statewide standards imposed by Governor Gavin Newsom in June only after weeks of intrigue during which it first postponed, then rejected, then adopted, then rescinded earlier proposed rules that would have conflicted with Newsom's broader directive.
Labor interests generally haven't objected to the latest changes, which would be in effect from January 14 through April 14.
But they are upset that other proposed rules to be considered in March would eliminate employer-paid sick leave for employees who are exposed to or contract the virus.
The goal was to allow lower-wage workers without sick time to take time off rather than coming to work and spreading the virus because they couldn't afford to stay home.
If the proposed elimination stands, "workers will be forced to make the impossible decision of going to work while sick or staying home without pay," Stephen Knight, executive director of the labor advocacy group WorkSafe said in an online petition to OSHSB.
Labor advocates could also work through the state budget process, Legislature and governor to keep the program, but prefer to retain the existing requirement, Knight and Steiger said.
The board on Thursday is separately hosting a panel discussion on how it should handle future pandemic regulations, prompted by a proposal last month by the Western Steel Council.
The council suggested in a letter to the board that the whole regulatory process has become so complicated and the pandemic so ever-changing that the board should stop trying to set its own workplace rules.
Better, it said, to simply instruct businesses to follow the California Department of Public Health's evolving guidelines.
The Associated Press contributed to this report.
