A new California law that took effect Jan. 1 allows state regulators to shut down job sites that expose workers to an imminent hazard of COVID-19 infection while eliminating a previously required 15-day rebuttal period for contractors to respond to any alleged “serious violations” related to COVID-19, according to www.constructiondive.com.
The state’s AB 685 law codifies much of the emergency temporary standard California’s Division of Occupational Safety and Health Cal/OSHA implemented in November 2020. But it also expands the notification requirements for employers, as well as Cal/OSHA’s policing powers for violations of infection prevention requirements aimed at stopping the spread of COVID-19 in the workplace.
“It can be a challenge for contractors to comply with,” said Brendan Carter, vice president of labor relations at Associated General Contractors of America in California. “The fact that Cal/OSHA has a lower enforcement threshold means contractors really need to be diligent to ensure they’re in full compliance with this.”
In November 2020, California adopted an emergency temporary standard regarding COVID-19 that detailed employers’ requirements to have a written prevention plan that includes notification to employees of potential exposure; steps for removing workers who test positive for COVID-19 and exposed workers from the workplace while protecting pay and benefits; and notifying local health authorities of workplace outbreaks. AB 685 provides greater detail regarding those notification requirements and eliminates the 15-day warning period for contractors to respond.
Although contractors can still appeal a citation from the agency, there is no longer a way to block it before the agency takes enforcement action, which can include an “Order Prohibiting Use,” or work stoppage, and fines of up to $25,000 per occurrence.
The law has five notification requirements for contractors. Learn more.
