From: Cal/OSHA COVID-19 Emergency Temporary Standards Frequently Asked Questions

Testing

1. Q: What are the testing requirements in the ETS?
   • A: An employer’s testing obligations are the following:
     • Inform all employees on how they can obtain testing. This could be through the employer, local health department, a health plan, or at a community testing center. The only obligation to all employees is to provide information. Offer testing to employees who are not fully vaccinated or who are vaccinated with symptoms at no cost and during paid time in the event of a close contact at work, with an exception for certain symptom-free employees who recently recovered from COVID-19.
     • Make available at no cost periodic (at least weekly or twice per week depending on the magnitude of the outbreak) COVID-19 testing to all employees within an exposed group during an outbreak, except for those employees who were not at work during the relevant period; for vaccinated employees without symptoms; and—for a limited period—employees who recently recovered from COVID-19 and have not developed COVID-19 symptoms since returning to work.
     • Testing must be provided in a manner that ensures employee confidentiality.

2. Q: Does the employer have to provide testing to employees at their work location?
   • A: No. The employer may provide or make available testing to employees at a testing site separate from their work location.

3. Q: Can employers send their employees to a free testing site for testing (e.g., run by their county) and is this considered to be “at no cost to employees?”
   • A: Yes, as long as employees incur no cost for the testing. Ensuring that an employee does not incur costs would include paying employees’ wages for their time to get tested, as well as travel time to and from the testing site. It would also include reimbursing employees for travel costs to the testing site (e.g., mileage or public transportation costs).

4. Q: What do employers do if employees refuse to take the tests required by various provisions of the emergency regulations?
   • A: An employer that offers a test at no cost to the employee does not violate the regulation if an employee declines or refuses to take it. The employer is not required to obtain a signed declination from employees who refuse to take a COVID-19 test offered by the employer.

5. Q: What does “paid time” mean, in relation to providing COVID-19 testing?
   • A: This means that the employer must make testing available during paid time. While the employee must be compensated for their time and travel expenses, the employer is not obligated to provide the test during the employee’s normal working hours

6. Q: What kinds of tests are acceptable to comply with the regulations’ testing requirements?
   • A: Tests approved by the United States Food and Drug Administration (FDA) or that have an Emergency Use Authorization (EUA) from the FDA to diagnose current infection with the SARS-CoV-2 virus may be used. These include both PCR and antigen tests. The test must be administered in accordance with the FDA approval or FDA EUA, as applicable.

7. Q: In a non-outbreak setting, how does an employer determine which employees may have had close contact with a COVID-19 case?
   • A: Employers must: determine which if any employee was within 6 feet of a COVID-19 case for a cumulative total of 15 minutes within any 24-hour period during the COVID-19 case’s “high risk exposure period,” defined above.

8. Q: In a non-outbreak setting, what are employers required to do when they learn that one or more of their employees had close contact with a COVID-19 case at the workplace?
   • A: Employers must:
     • Notify all employees and employees’ authorized representatives who may have had close contact with a COVID-19 case within one business day in a manner that does not reveal the COVID-19 case’s personal identifying information.
     • Offer testing during paid time, and at no cost, to any employee with a close contact which occurred in the workplace, and provide applicable benefit information. There is an exception for an employee who was fully vaccinated before the close contact and has no symptoms. There is also an exception for an employee who had COVID-19, returned to work after the end of the required exclusion period, and have had no symptoms since returning—but that exception lasts only 90 days after the employee’s original onset of symptoms or, if the recovered COVID-19 case never developed symptoms, 90 days following the first positive test.
     • Exclude from the workplace employees who test positive for COVID-19.
     • Exclude employees after a COVID-19 close contact, unless they were fully vaccinated before the close contact, or recently recovered from COVID-19 as described above, and do not show any symptoms of COVID-19. Follow the requirements for preserving their pay and benefits.
     • Follow the return to work criteria for returning excluded employees to work.
     • Investigate the exposure and address hazards.
     • Follow all recordkeeping and reporting requirements for employee COVID-19 cases.

9. Q: Where can I find COVID-19 testing for my employees?
   • A: Some of the simplest ways to get testing include the following:
     • At the California Department of Public Health or the National Association of County and City Health Officials website, click on the county or city health department in the area where you would like employees to be tested. Many local health departments maintain websites with up-to-date information on testing locations. Click on the appropriate health department’s website and search for testing sites. Follow instructions to identify testing locations and schedule a test. All counties offer free testing for individuals at designated testing sites.
       1. Note that in most cases, prior to scheduling a testing appointment, the employee who will be getting tested is required to answer questions in an online form about whether or not they have symptoms, whether they have been exposed to someone with COVID-19, etc. To complete the online scheduling process, the employee also must provide their consent to receive the test.
     • An employer can partner with a medical provider to establish a testing program. Some providers offer on-site testing of employees.
     • However testing is arranged, employers must ensure employees do not incur any costs for COVID-19 testing required by title 8 of the California Code of Regulations, sections 3205 through 3205.4.

10. Q: Are there resources available for employers who need to offer testing to a large number of employees on a regular basis?
    • A: The State of California Valencia Branch Laboratory (VBL) opened on October 30, 2020 to increase the state’s COVID-19 testing capacity and reduce test turnaround time.
      • Large employers can partner with VBL to set up on-site testing of employees. Getting the testing site set up requires approximately 2-3 weeks to complete. Visit the Valencia Branch Laboratory website for more information. To set up a local testing site, get started by filling out the Valencia Lab Interest Form.

11. Q: May employers require employees to undergo COVID-19 testing?
    • A: The ETS requires employers to make testing available to employees at no cost. Employers should consult EEOC and/or DFEH “FAQ” resources referenced above regarding their ability to mandate testing.