Cal. Code Regs. Tit. 8, § 3205.2 - Covid-19 Prevention in Employer-Provided Housing
(a) Scope. Until February 3, 2025, this
section applies to employer-provided housing. Employer-provided housing is any
place or area of land, any portion of any housing accommodation, or property
upon which a housing accommodation is located, consisting of: living quarters,
dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home,
manufactured home, recreational vehicle, travel trailer, or other housing
accommodations. Employer-provided housing includes a "labor camp" as that term
is used in title 8 of the California Code of Regulations or other regulations
or codes. The employer-provided housing may be maintained in one or more
buildings or one or more sites, including hotels and motels, and the premises
upon which they are situated, or the area set aside and provided for parking of
mobile homes or camping. Employer-provided housing is housing that is arranged
for or provided by an employer, other person, or entity to workers, and in some
cases to workers and persons in their households, in connection with the
workers' employment, whether or not rent or fees are paid or collected.
The following exceptions apply:
(1) This section does not apply to housing
provided for the purpose of emergency response, including firefighting, rescue,
and evacuation, and support activities directly aiding response such as
utilities, communications, and medical operations, if:
(A) The employer is a government entity;
or
(B) The housing is provided
temporarily by a private employer and is necessary to conduct the emergency
response operations.
(2)
This section does not apply to housing in which all residents maintained a
household together prior to residing in employer-provided housing, such as
family members.
(3) This section
does not apply to employees with occupational exposure as defined by section
5199, when covered by that
section.
(4) This section does not
apply to employer-provided housing used exclusively to house COVID-19 cases or
where a housing unit houses one employee.
(b) Assignment of housing units. To the
extent feasible, employers shall assign employee housing to cohorts that travel
and work together, separate from other workers. To the extent feasible,
residents who usually maintain a household together shall be housed in a single
housing unit without other persons.
(c) Ventilation. In housing units, employers
shall maximize the quantity and supply of outdoor air and increase filtration
efficiency to the highest level compatible with the existing ventilation
system. If there is not a Minimum Efficiency Reporting Value (MERV)-13 or
higher filter in use, portable or mounted High Efficiency Particulate Air
(HEPA) filtration units shall be used, to the extent feasible, in all sleeping
areas.
(d) Face coverings.
Employers shall provide face coverings to all residents and provide information
to residents on when they should be used in accordance with state or local
health department orders or guidance.
(e) Reporting symptoms. The employer shall
encourage residents to report COVID-19 symptoms to the employer.
(f) COVID-19 testing. The employer shall
establish, implement, and maintain effective policies and procedures for
COVID-19 testing of residents who had a close contact or COVID-19 symptoms.
These policies and procedures shall be communicated to the residents.
(g) COVID-19 cases and close contacts.
(1) Employers shall effectively isolate
COVID-19 cases from all residents who are not COVID-19 cases, for the period
established by subsection
3205(c)(5)(A).
Effective isolation shall include housing COVID-19 cases only with other
COVID-19 cases, and providing COVID-19 case residents with a sleeping area and
bathroom that is not shared by non-COVID-19 case residents.
(2) Employers shall effectively quarantine
residents who have had a close contact from all other residents, in accordance
with subsection
3205(c)(5)(B).
Effective quarantine shall include providing residents who had a close contact
with a private bathroom and sleeping area.
Notes
2. New section refiled with amendments 6-17-2021 as an emergency; operative 6-17-2021 pursuant to Executive Order N-09-21 (Register 2021, No. 25). Exempt from the APA pursuant to Government Code sections 8567, 8571 and 8627 (Executive Order N-09-21). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 1-13-2022 or emergency language will be repealed by operation of law on the following day.
3. New section, including amendments, refiled 1-5-2022 as an emergency; operative 1-14-2022 (Register 2022, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-14-2022 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of HISTORY 5 (Register 2022, No. 9).
5. Emergency filed 1-5-2022 extended an additional 21 calendar days pursuant to Executive Order N-5-22. A Certificate of Compliance must be transmitted to OAL by 5-5-2022 or emergency language will be repealed by operation of law on the following day.
6. New section, including amendments, refiled 5-5-2022 as an emergency pursuant to EO N-23-21; operative 5-5-2022 pursuant to EO N-23-21 (Register 2022, No. 18). Pursuant to EO N-23-21, a Certificate of Compliance must be transmitted to OAL by 12-31-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-5-2022 order, including renumbering of former section 3205.2 to section 3205.1 and renumbering and amendment of former section 3205.3 to section 3205.2, transmitted to OAL 12-20-2022 and filed 2-3-2023; amendments effective 2-3-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 5).
8. Editorial correction of HISTORY 7 (Register 2023, No. 29).
Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 144.6, Labor Code.
2. New section refiled with amendments 6-17-2021 as an emergency; operative
3. New section refiled 1-5-2022 as an emergency; operative
4. Editorial correction of History 5 (Register 2022, No. 9).
5. Emergency filed 1-5-2022 extended an additional 21 calendar days pursuant to Executive Order N-5-22. A Certificate of Compliance must be transmitted to OAL by 5-5-2022 or emergency language will be repealed by operation of law on the following day.
6. New section, including amendments, refiled 5-5-2022 as an emergency pursuant to EO N-23-21; operative
7. Certificate of Compliance as to 5-5-2022 order, including renumbering of former section 3205.2 to section 3205.1 and renumbering and amendment of former section 3205.3 to section 3205.2, transmitted to OAL 12-20-2023 and filed 2-3-2023; amendments effective
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.