COVID-19 Resources for CalGeo MembersCOVID-19 REPORTING REQUIREMENTS (AB 685, SB 1159 and Cal/OSHA), December 2020(Compiled from CA Chamber of Commerce December ’20 ALERT article)
New DIR Emergency Regulations to protect workers from COVID-19 (November 2020)Standards Board Unanimously Adopts Emergency Temporary Standards to Protect Workers from COVID-19 The new Cal/OSHA standards are expected to go into effect by the end of the month Sacramento—The Department of Industrial Relations’ (DIR) Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards to protect workers from hazards related to COVID-19. The emergency standards will be in effect immediately if approved by the Office of Administrative Law in the next 10 calendar days. The temporary standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard. Under the new regulations, employers must have a written COVID-19 Prevention Plan that addresses the following:
The Standards Board will file the rule making package today with the Office of Administrative Law, which has 10 calendar days to review and approve the temporary workplace safety standards enforced by Cal/OSHA. Once approved and published, the full text of the adopted emergency standards will appear in the new Title 8 sections 3205 (COVID-19 Prevention), 3205.1 (Multiple COVID-19 Infections and COVID-19 Outbreaks), 3205.2 (Major COVID-19 Outbreaks) 3205.3 (COVID-19 Prevention in Employer-Provided Housing) and 3205.4 (COVID-19 Prevention in Employer-Provided Transportation to and from Work) of the California Code of Regulations. Pursuant to the state’s emergency rulemaking process, after an initial effective period the board will have two opportunities to readopt the temporary standards. The PPP Dilemma: Can employers exclude employees who refuse to work from their PPP loan forgiveness calculation?Download this short 2-page white paper from Littler HERE >> Update to Shelter-in-place orders for Bay Area Counties (May 1, 2020)Bay area counties have extended shelter-in-place orders through June 1st but have eased restrictions on construction activities. The areas included released a joint statement sent April 27 by the counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo and Santa Clara along with the city of Berkeley The revised order will allow all construction activities, certain businesses that operate primarily outdoors, and some outdoor activities to resume with specific conditions. View the Official Order Here >> View the Small Construction Safety Protocol >> View the Large Construction Safety Protocol >> Free Legal Information from California Lawyers AssociationIf you have some legal questions either as an Employer or an Employee right now, you aren't alone. The California Lawyers Association has a free resource page available to the public with short 20-minute videos on various topics ranging from:
Visit the CLA resource pageGeo-Professionals ARE Essential ServicesDownload PDF of CalGeo's Memo regarding Essential Services & California Executive Order N-33-20 New Requirements for Employers under COVID-19Download PDF of Department of Labor Employee Paid Leave Rights Poster Download PDF of Employer Paid Leave Requirements Less than 50 employees? Emergency Family and Medical Leave Expansion Act UPDATEThe U.S. Department of Labor released a Temporary Rule on Wednesday that sets forth three circumstances which would exempt employers with fewer than 50 workers from the twelve week paid leave requirement provided by the Emergency Family andMedical Leave Expansion Act” (FMLA+), which is part of the Families First Coronavirus Response Act (FCCRA), if granting such leave would “jeopardize the viability of the business as a going concern.” Under the Temporary Rule, employers with fewer than 50 workers will not have to provide paid leave under FMLA+ if: (1) doing so would raise expenses above revenue such that the employer would “cease operating at a minimal capacity”; (2) the absence would “pose a substantial risk” to the employer’s financial health or operations because of the requesting worker’s skills, knowledge or duties; or (3) the employer cannot find enough workers to perform the work of the employee requesting an absence. However, such employers are not exempt from the two-week paid sick leave requirement under the Emergency Paid Sick Leave Act (EPSLA), which is also part of the FFCRA, unless the worker is requesting time off to care for a child whose school has closed. The EPSLA provides six “qualifying reasons” that allow workers to use the two-week paid sick leave benefit, including if they cannot work because of a quarantine or isolation order or have COVID-19 symptoms and are seeking a diagnosis. The Temporary Rule clarifies these circumstances. For example, workers can take paid sick leave if they are isolated because of “a broad range of governmental orders,” including stay-at-home orders or mandates that “otherwise restrict” their mobility, but only if the order is what prevents them from working. The Temporary Order provides that a worker is not entitled to paid sick leave if they can telework or if they would not otherwise have work even without the isolation order, such as if they work for a business that has closed because of low business. The Temporary Rule also explains that workers can use paid sick leave intermittently by agreement with their employer and that an employer can make workers use accrued vacation days or other paid time off at the same time they take leave to care for a child. The Temporary Rule can be found at: https://www.law360.com/articles/1259463/attachments/0 Construction Site Safety Requirements during COVID-19The City of Los Angeles Building Safety recently released a Construction Site Guidelines document outlining steps for construction sites to prevent the spread of COVID-19. These are based on Interim CDC’s Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19), OSHA’s Guidance on Preparing Workplaces for COVID-19, and other publications. Download the Guidelines HERE >> NorCal Extension of Shelter-in-place and Essential BusinessesNew requirements and an expansion of the shelter in place orders in Northern California were released on Tuesday March 31st that could affect what is deemed "essential business operations". Read on below for more details: Six Bay Area Counties (Alameda, Contra Costa, Marin, Santa Clara, San Francisco, and San Mateo), as well as the City of Berkeley, have extended their previous Shelter-In-Place Orders through May 3, 2020, with stricter limitations on construction. The new Orders went into effect at 11:59 p.m. PDT on Tuesday, March 31, 2020, requires people to stay at home except for doing essential activities, and prohibits most residential and commercial construction. The Orders provide an exception for “Essential Businesses,” which includes “Construction, but only for the types listed below:
Thank you to Van Allyn Goodwin of Littler Mendelson P.C. for this quick update. Don't miss his COVID-19 Webinar: Requirements for Employers on April 10th at 11am PDT. More information on the Webinar HERE >> Small Business Emergency Loans & Loan Forgiveness: Do you qualify?Download US Chamber of Commerce Coronavirus Emergency Loans Info >> How is your business navigating the COVID-19 pandemic?
We want to help! We conducted a short survey from March 25-27th, 2020 and here are the results: Download PDF of survey results HERE >> We will now work towards getting you the answers to your most pressing questions. See below for some of our top resources and information on Small Business loans. TOP RESOURCES + TIPS FOR BUSINESSES IMPACTED BY COVID-19from CDC Small Business Finance’s Business Advisors KEY RESOURCESSBA (Small Business Administration) EMERGENCY GRANTS/LOANSIRS: SBA Disaster Loan: Disaster Loan Online Application TOP TIPS FOR ALL BUSINESSESCUSTOMER COMMUNICATION
Helpful links & information:WHO (World Heath Organization) CDC (Centers for Disease Control and Prevention) California Department of Public Health The CDC recommends everyday preventive actions to help prevent the spread of respiratory diseases, including:
Access the GBA Business Brief FOR FREE:Our friends at GBA wanted to extend their help to CalGeo members by providing access to their NEW GBA Business Brief: Preparing for the Next Recession Now. *Note: This was written before the Coronavirus/COVID-19 pandemic but is very useful as we are all facing these issues sooner rather than later.
No one knows when the next recession will arrive, but most economists agree that another recession is certain. Most also agree that we’re getting closer to the next recession. What can geoprofessionals do now to prepare?
These themes are presented along with practices to deal with the recession once it arrives. The Business Brief focuses on how to help you prepare for and thrive during the next recession. CalGeo members can download the Business Brief even if they are not GBA members through our Members Club page HERE >> Login required. If your company is a member but you do not have a login associated with their account, please e-mail Kelly Cabal for access Update from the EEOC (US Equal Opportunity Employment Commission) on ADA, Rehabilitation Act and COVID-19:The EEOC enforces workplace anti-discrimination laws including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including the requirement for reasonable accommodation and rules about medical examinations and inquiries. The ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety. The EEOC has provided guidance (a publication entitled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act), consistent with these workplace protections and rules, that can help employers implement strategies to navigate the impact of COVID-19 in the workplace. This pandemic publication, which was written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic. The World Health Organization (WHO) has declared COVID-19 to be an international pandemic. The EEOC pandemic publication includes a separate section that answers common employer questions about what to do after a pandemic has been declared. Applying these principles to the COVID-19 pandemic, the following may be useful: During a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA. Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature. However, employers should be aware that some people with COVID-19 do not have a fever. Yes. The CDC states that employees who become ill with symptoms of COVID-19 should leave the workplace. The ADA does not interfere with employers following this advice. Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus. If an employer is hiring, may it screen applicants for symptoms of COVID-19? Yes. An employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job. This ADA rule applies whether or not the applicant has a disability. May an employer take an applicant's temperature as part of a post-offer, pre-employment medical exam? Yes. Any medical exams are permitted after an employer has made a conditional offer of employment. However, employers should be aware that some people with COVID-19 do not have a fever. May an employer delay the start date of an applicant who has COVID-19 or symptoms associated with it? Yes. According to current CDC guidance, an individual who has COVID-19 or symptoms associated with it should not be in the workplace. May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it? Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer. 10 Ways to Use Working Remotely or Self-Quarantining as an Opportunity
From Forbes.com writer Joan Michelson As we all face the reality of being unable to go to work, school or events or gather in normal ways due to the coronavirus pandemic, we can reframe our time at home as an opportunity to take stock and to tackle some projects we’ve put off. This perspective, importantly, can help keep your spirits up in this unprecedented and potentially disconcerting situation. Check out #2. Catch up on webinars and online courses (see CalGeo's members club below) CalGeo Members Club Recorded WebinarsRemember to check out our Members Club page if you are working from home and looking to expand your educational resources. We will be adding information and presentations in the coming weeks and months to address our Project Award winners and on-line learning. Use this time to catch up on missed presentations and classes and start your on-line learning now! Visit CalGeo's Members Club |
