City of San Pablo
Revised COVID-19
Prevention Program (CPP)
Issued on April 18, 2022
COVID-19 PREVENTION PROGRAM (CPP)
I. Purpose:
The purpose of the City of San Pablo’s COVID-19 Prevention Program (“CPP”) is to provide employees a healthy and safe workplace as required under the California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. § 3205).
Nothing in this CPP precludes the City of San Pablo from complying with federal, state, or local laws or public health order or guidance that may recommend or require measures that are more prescriptive and/or restrictive than those that are provided herein.
II. Scope
Unless one of the exceptions provided below applies, this CPP shall apply to all City of San Pablo employees (hereinafter referred to as “employees”), including those who are “fully vaccinated”.
The following employees are exempt from coverage under the CPP: (1) Employees who are teleworking from home or a location of the employee’s choice that is not under the control of the City of San Pablo; (2) Employees who are working in or at a work location and do not have contact with any other individuals; and (3) Employees who because of their tasks, activities or work location with occupational exposures as defined by the Aerosol Transmissible Diseases (“ATD”) regulation (i.e., 8 C.C.R. § 5199).
III. DEFINITIONS:
For the purposes of the CPP, the following definitions shall apply:
“Close contact COVID-19 exposure” means being within six (6) feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high-risk exposure period” as defined here. This definition applies regardless of the use of face coverings. Employees who were wearing a respirator as required by the City of San Pablo and defined below and who used such respirator in compliance with Title 8 Section 5144 during contact with a COVID-19 case will be deemed not to have had close contact COVID-19 exposure. “COVID-19” means the disease caused by severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”).
“COVID-19 case” means a person who either: (1) Has a positive COVID-19 test as defined in this section; (2) Is subject to COVID-19-related order to isolate issued by a local or state health official; (3) Has a positive COVID-19 diagnosis from a licensed health care provider; or (4) Has died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of a county. “COVID-19 hazard” means potentially infectious material that may contain SARS-CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or respiratory tract fluids. This also includes objects or surfaces that may be contaminated with SARS-CoV-
2. “COVID-19 symptoms” means one of the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19.
“COVID-19 test” means a test for SARS-CoV-2 that is:
(1) Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test); (2) Administered in accordance with the authorized instructions; and (3) Not both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.
Examples of tests that satisfy this requirement include tests with specimens that are processed by a laboratory (including home or on-site collected specimens which are processed either individually or as pooled specimens), proctored over- the-counter tests, point of care tests, and tests where specimen collection and processing is either done or observed by an employer.
“Exposed group” means all employees at a work location, working area, or a common area at work, where a COVID-19 case was present at any time during the high-risk exposure period. However, if the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the high-risk exposure period, and all employees were wearing face coverings at the time the COVID-19 case was present, other people at the work location, working area, or common area would not constitute part of the exposed group. Common areas at work include bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. However, places where employees momentarily pass through (15 minutes or less) while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work.
“Face covering” means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers (i.e., fabrics that do not let light pass through when held up to a light source) that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters, ski masks, or balaclavas are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. This definition includes clear face coverings or cloth face coverings with a clear plastic panel that, despite the non-cloth material allowing light to pass through, otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard-of- hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively.
“Fully vaccinated” means the City of San Pablo has documented:
(A) A person’s status two weeks after completing primary vaccination with a COVID- 19 vaccine with, if applicable, at least the minimum recommended interval between
doses in accordance with the approval, authorization, or listing that is:
1. Approved or authorized for emergency use by the FDA;
2. Listed for emergency use by the World Health Organization (WHO); or
3. Administered as part of a clinical trial at a U.S. site, if the recipient is documented to have primary vaccination with the active (i.e., not placebo) COVID-19 vaccine candidate, for which vaccine efficacy has been independently confirmed (e.g., by a data and safety monitoring board) or if the clinical trial participant at U.S. sites had received a COVID-19 vaccine that is neither approved nor authorized for use by FDA but is listed for emergency use by WHO; or
(B) A person’s status two weeks after receiving the second dose of any combination of two doses of a COVID-19 vaccine that is approved or authorized by the FDA, or listed as a two-dose series by the WHO (i.e., a heterologous primary series of such vaccines, receiving doses of different COVID-19 vaccines as part of one primary series) (including booster shots, if the appropriate time period has passed per public health guidelines).
The second dose of the series must not be received earlier than 17 days (21 days with a 4-day grace period) after the first dose.
“High-risk exposure period” means the following: For COVID-19 cases who develop COVID-19 symptoms: from two (2) days before they first develop symptoms until each of the following are true: (1) it has been five (5) days since symptoms first appeared; (2) 24 hours have passed with no fever, without the use of fever-reducing medications; and (3) symptoms have improved; or for COVID-19 cases who never develop COVID-19 symptoms: from two (2) days before until five (5) days after the specimen for their first positive test for COVID-19 was collected.
“Respirator” means a respiratory protection device approved by the National Institute for Occupational Safety and Health (“NIOSH”) to protect the wearer from particulate matter, such as an N95 filtering facepiece respirator.
“Worksite,” for the limited purposes of COVID-19 prevention regulations only, means the building, store, facility, agricultural field, or other location where a COVID-19 case was present during the high-risk exposure period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter, locations where the worker worked by themselves without exposure to other employees, or to a worker's personal residence or alternative work location chosen by the worker when working remotely.
“Workplace Coordinator means the individual assigned by the City of San Pablo who will be responsible for COVID-19 issues on the City of San Pablo’s] behalf.
IV. Program
A. System for Communicating with employees
1. Reporting COVID-19 Symptoms, Possible COVID-19 Close Contact Exposures, and Possible COVID-19 Hazards at San Pablo Worksites The City of San Pablo requires that employees immediately report to their manager or supervisor or to the Department of Human Resources any of the following: (1) the employee’s
presentation of COVID-19 symptoms; (2) the employee’s possible COVID-19 close contact exposures; and (3) possible COVID-19 hazards at City of San Pablo worksites.
The City of San Pablo has not and will not discriminate or retaliate against any employee who makes such a report.
2. Accommodations Process for Employees with Medical or Other Conditions that Put them at Increased Risk of Severe COVID-19 Illness
The City of San Pablo provides for an accommodation process for employees who have a medical or other condition identified by the Centers for Disease Control and Prevention (“CDC”) or the employees’ health care provider as placing or potentially placing the employees at increased risk of severe COVID-19 illness.
For all employees who request such an accommodation, including fully vaccinated employees, the City of San Pablo will require that the employee provide information from the employee’s health care provider explaining why the employee requires an accommodation.
The CDC guidance provides that adults of any age with the following conditions are at increased risk of severe illness from the virus that causes COVID-19:
1. Cancer
2. Chronic kidney disease
3. COPD (chronic obstructive pulmonary disease)
4. Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
5. Immunocompromised state (weakened immune system) from solid organ transplant
6. Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2)
7. Severe Obesity (BMI ≥ 40 kg/m2)
8. Pregnancy
9. Sickle cell disease
10. Smoking
11. Type 2 diabetes mellitus
The CDC guidance also provides that adults of any age with the following conditions might be at an increased risk for severe illness from the virus that causes COVID-19:
1. Asthma (moderate-to-severe)
2. Cerebrovascular disease (affects blood vessels and blood supply to the brain)
3. Cystic fibrosis
4. Hypertension or high blood pressure
5. Immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines
6. Neurologic conditions, such as dementia
7. Liver disease
8. Overweight (BMI > 25 kg/m2, but < 30 kg/m2)
9. Pulmonary fibrosis (having damaged or scarred lung tissues)
10. Thalassemia (a type of blood disorder)
11. Type 1 diabetes mellitus
The City of San Pablo periodically reviews the following web address in order to account for any additional medical conditions and other conditions that the CDC has identified as placing or potentially placing individuals at an increased risk of severe COVID-19:
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical- conditions.html ( Last updated on December 14, 2021).
Employees are encouraged to review the list of medical conditions and other condition provided above in order to determine whether they have such a condition.
To request an accommodation, employees may make a request with their manager or supervisor or the Department of Human Resources.
3. COVID-19 Testing
The City of San Pablo possesses authority to require that employees who report to work at City of San Pablo worksites be tested for COVID-19.
Where the City of San Pablo requires testing, the City of San Pablo has adopted policies and procedures that ensure the confidentiality of employees’ medical information and comply with the Confidentiality of Medical Information Act (“CMIA”). Specifically, the City of San Pablo will keep confidential all personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, unless expressly authorized by the employee to disclose such information or as other permitted or required under the law.
4. COVID-19 Hazards
The City of San Pablo will notify employees and subcontracted employees of any potential COVID-19 exposure at a City of San Pablo worksite where a COVID-19 case and employees were present on the same day. The City of San Pablo will notify employees of such potential exposures within one (1) business day, in a way that does not reveal any personal identifying information of the COVID-19 case.
The City of San Pablo will also notify employees of cleaning and disinfecting measures the City of San Pablo is undertaking in order to ensure the health and safety of the City of San Pablo worksite where the potential exposure occurred.
B. identification and evaluation of COVID-19 hazards at City of San Pablo worksites
1. Screening Employees for COVID-19 Symptoms
The City of San Pablo possesses authority to screen employees or require that employee self-screen for COVID-19 symptoms.
The City of San Pablo provides that employees will self-screen for COVID-19
symptoms prior to reporting to any City of San Pablo worksite.
2. Responding to Employees with COVID-19 Symptoms
Should an employee present COVID-19 symptoms during a City of San Pablo-administered self-screen, the employee must remain at or return to their home or place of residence and not report to work until such time as the employee satisfies the minimum criteria in order to return to work (as discussed in Section IV.J. of this CPP).
The City of San Pablo will advise employees of any leaves to which they may be entitled during this self-quarantine period.
Further, the City of San Pablo has adopted policies and procedures that will ensure the confidentiality of employees and comply with the CMIA, and the City of San Pablo will not disclose to other employees the fact that the employees presented COVID-19 symptoms.
3. San Pablo’s Response to COVID-19 Cases
In the event that an employee tests positive for COVID-19 or is diagnosed with COVID-19 by a health care provider, the City of San Pablo will instruct the employee to remain at or return to their home or place of residence and not report to work until such time as they satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).
The City of San Pablo will advise employees of any leaves to which they may be entitled during this self-isolation period.
The City of San Pablo complies fully and faithfully with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID-19 case to the following individuals and entities as required based on the individual circumstances: (1) The local health department; (2) Cal/OSHA; (3) Employees who were present at a City of San Pablo worksite when a COVID-19 case was present; (4) Employee organizations that represent employees at the City of San Pablo worksite; (4) Employers of any subcontracted employees who were present at the City of San Pablo worksite; and (5) The City of San Pablo’s workers’ compensation plan administrator.
If possible, the City of San Pablo will interview the COVID-19 case(s) in order to ascertain the nature and circumstances of any contact that the employee(s) had or may have had with other employees during the high-risk exposure period. If the City of San Pablo determines that there were any close contact COVID-19 exposures, the City of San Pablo will instruct those employees to remain at their home or place of residence and not report to work until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).
The City of San Pablo has adopted policies and procedures that will ensure the confidentiality of employees and comply with the CMIA. Specifically, the City of San Pablo will not disclose to other employees, except for those who need to know, the fact that the employee(s) tested positive for or were diagnosed with COVID-19. Further, the City of San Pablo will keep confidential all personal identifying information of COVID-19 cases or persons, unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.
4. Workplace-Specific Identification of COVID-19 Hazards The City of San Pablo will periodically conduct workplace-specific assessments of all interactions, areas, activities, processes, equipment, and materials that could potentially expose
employees to COVID-19 hazards.
As part of this process, the City of San Pablo identified places (work locations, work areas, and common areas) and times when employees and individuals congregate or come in contact with one another, regardless of whether employees are performing an assigned work task or not, including, for example, during meetings or trainings, in and around entrances, bathrooms, hallways, aisles, walkways, elevators, break or eating areas, cool-down areas, and waiting areas.
The City of San Pablo will provide notice of any such potential workplace exposure to all persons at City of San Pablo worksites, including employees, employees of other entities, members of the public, customers or clients, and independent contractors. The City of San Pablo considered how employees and other persons enter, leave, and travel through City of San Pablo worksites, in addition to addressing employees’ stationary workspaces or workstations.
Further, the City of San Pablo will treat all persons, regardless of the presentation of COVID-19 symptoms or COVID-19 status, as potentially infectious.
5. Maximization of Outdoor Air and Air Filtration
For indoor City of San Pablo worksites, the City of San Pablo evaluates how to maximize the ventilation of outdoor air; provide the highest level of filtration efficiency compatible with the worksites’ existing ventilation systems; and whether the use of portable or mounted High Efficiency Particulate Air (“HEPA”) filtration units, or other air cleaning systems, would reduce the risk of COVID-19 transmission.
6. City of San Pablo Compliance with Applicable State and Local Health Orders
The City of San Pablo monitors applicable public health orders and guidance from the State of California and the local health department related to COVID-19 hazards and prevention.
The City of San Pablo fully and faithfully complies with all applicable orders and guidance from the State of California and the local health department.
7. Evaluation of Existing COVID-19 Prevention Controls and Adoption of Additional Controls
Periodically, the City of San Pablo evaluates existing COVID-19 prevention controls at the workplace and assess whether different and/or additional controls may be needed.
This includes evaluation of controls related to the correction of COVID-19 hazards, physical distancing, face coverings, engineering controls, administrative controls, and personal protective equipment (“PPE”) (as discussed at Section VI, subsections D, and F-H of this CPP).
8. Periodic Inspections
The City of San Pablo conducts periodic inspections of City of San Pablo worksites as needed to identify unhealthy conditions, work practices, and work procedures related to COVID- 19 and to ensure compliance with the City of San Pablo’s COVID-19 policies and procedures, including, but not limited to this CPP.
C. investigating and responding to COVID-19 cases in City of San Pablo worksites
1. Procedure to Investigate COVID-19 Cases
The City of San Pablo developed a procedure for investigating COVID-19 cases in the workplace, which provides for the following: (1) requesting information from employees regarding COVID-19 cases; (2) contact tracing of employees who may have had a close contact COVID-19 exposure; (3) requesting COVID-19 test results from employees who may have had a close contact COVID-19 exposure; (4) requesting information from employees regarding the presentation of COVID-19 symptoms; and (5) identifying and recording all COVID-19 cases.
2. Response to COVID-19 Cases
As provided above at Section IV.B.3, in the event that an employee tests positive for COVID-19 or is diagnosed with COVID-19 by a health care provider, the City of San Pablo will instruct the employee to remain at or return to their home or place of residence and not report to an City of San Pablo worksite until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).
a. Contact Tracing
If possible, the City of San Pablo will interview the COVID-19 case(s) in order to ascertain the following information: (1) the date on which the employee(s) tested positive, if asymptomatic, or the date on which the employee(s) first presented COVID-19 symptoms, if symptomatic; (2) the COVID-19 case(s) recent work history, including the day and time they were last present at an City of San Pablo worksite; and (3) the nature and circumstances of the COVID-19 case(s)’ contact with other employees during the high-risk exposure period, including whether any such contact qualifies as a close contact COVID-19 exposure.
If the City of San Pablo determines that there was or were any close contact COVID-19 exposures, the City of San Pablo will instruct those employees to remain at their home or place of residence and not report to work until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP). Further, the City of San Pablo will instruct those employees to be tested for COVID-19, and that the City of San Pablo will provide for such testing during paid time, as discussed in subsection c. below. b. Reporting the Potential Exposure to Other Employees
The City of San Pablo fully and faithfully complies with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID-19 case to the individuals and entities described below.
Within one (1) business day of the time the City of San Pablo knew or should have known of a COVID-19 case, the City of San Pablo will give written notice of a potential workplace exposure to the following individuals: (1) All employees on the premises at the same worksite as the COVID-19 case during the COVID-19 case’s high-risk exposure period; (2) Independent contractors on the premises at the same worksite as the COVID-19 case during the COVID-19 case’s high-risk exposure period; and (3) Other employers at the worksite during the COVID-19 case’s high-risk exposure period. The City of San Pablo will provide notice by either personal service, email, or text message.
The City of San Pablo’s notice(s) will not reveal any personal identifying information of the COVID-19 case. The notice will include information about the City of San Pablo’s cleaning and
disinfection plan.
Within one (1) business day of the time the City of San Pablo knew or should have known of the COVID-19 case, the City of San Pablo will also provide the notice of the potential workplace exposure to the authorized representative of any employee who was on the premises at the same worksite as the COVID-19 case during the high-risk exposure period. c. Offer of Free COVID-19 Testing Following a Close
Contact COVID-19 Exposure
The City of San Pablo makes COVID-19 testing available at no cost to employees to all employees who had a close contact COVID-19 exposure at a City of San Pablo worksite. The City of San Pablo will offer employees COVID-19 testing during paid time, whether during the employee’s regular work schedule or otherwise, and will provide compensation for the time that the employee spends waiting for and being tested.
The City of San Pablo will not provide free COVID-19 testing to COVID-19 cases who returned to work pursuant to the criteria set forth in Section K of this CPP and have remained free of COVID-19 symptoms, for 90 days after the initial onset of COVID-19 symptoms or, for COVID- 19 cases who never developed symptoms, for 90 days after the first positive test. d. Leave and Compensation Benefits for Close Contact
Exposures
The City of San Pablo provides employees who had a close contact COVID-19 exposure with information regarding COVID-19-related benefits to which the employees may be entitled under applicable federal, state, or local law, the City of San Pablo’s own leave policies, and leave guaranteed by contract.
The City of San Pablo will continue and maintain these employees’ earnings, seniority, and all other employee rights and benefits, including the employees’ right to their former job status, as if the employees had not been removed from their jobs.
The City of San Pablo may require that these employees use City of San Pablo -provided employee sick leave benefits for this purpose and consider benefit payments from public sources in determining how to maintain earnings, rights and benefits, where permitted by law and when not covered by workers’ compensation.
e. Investigation to Determine Whether Workplace
Conditions Contributed to COVID-19 Exposure
The City of San Pablo will conduct an investigation in order to determine whether any workplace conditions could have contributed to the risk of COVID-19 exposure and what may be done to reduce exposure to such COVID-19 hazards, if any.
3. Confidential Medical Information
The City of San Pablo will protect the confidentiality of the COVID-19 cases, and will not disclose to other employees the fact that the employees tested positive for or were diagnosed with COVID-19.
The City of San Pablo will keep confidential all personal identifying information of COVID-19 cases unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.
D. Correction of COVID-19 hazards at City of San Pablo worksites The City of San Pablo will implement effective policies and/or procedures for correcting unsafe or unhealthy conditions, work practices, policies and procedures in a timely manner based on the severity of the hazard.
This includes, but is not limited to, implementing controls and/or policies and procedures in response to the evaluations conducted related to the identification and evaluation of COVID-19 hazards and investigating and responding to COVID-19 cases in the workplace. This also includes implementing controls related to physical distancing, face coverings, engineering controls, administrative controls, and personal protective equipment (“PPE”).
E. Training and instruction of employees
1. COVID-19 Symptoms
The City of San Pablo provides employees training and instruction on COVID-19 symptoms, including advising employees of COVID-19 symptoms, which include the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19.
The City of San Pablo monitors and adheres to guidance issued by the CDC concerning COVID-19 symptoms, including guidance provided at the following web address:
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html . The City of San
Pablo will advise employees in the event that the CDC revises the symptoms that its associates with COVID-19.
In addition to providing training and instruction on COVID-19 symptoms, the City of San Pablo provides information and instruction on the importance of employees not coming to work if they have any COVID-19 symptoms. As discussed below, the City of San Pablo provides information on paid leaves to which employees may be entitled if they are experiencing a COVID-19 symptom and would like to be tested for COVID-19.
2. COVID-19 Vaccinations
The City of San Pablo provides employees information and instruction on the fact that COVID- 19 vaccines are effective at both preventing the transmission of the virus that causes COVID-19 and preventing serious illness or death, and how employees may receive paid leave for reasons related to COVID-19 vaccinations.
As discussed below, the City of San Pablo provides information on paid leaves to which employees may be entitled in order for them to be vaccinated and in the event that they experience any illness or adverse effects as a result of such vaccination.
3. City of San Pablo’s COVID-19 Policies and Procedures The City of San Pablo provides regular updates to employees on the City of San Pablo’s policies and procedures adopted in order to prevent COVID-19 hazards at City of San Pablo worksites, how such policies and procedures are intended to protect the health and safety of employees and City of San Pablo worksites, and how employees may participate in the identification and evaluation of COVID-19 hazards in order to make such worksites healthier and safer for themselves and others.
4. COVID-19 Related Benefits
The City of San Pablo advises and provides updates to employees on the leaves to which employees may be entitled under applicable federal, state, or local laws as well as the City of San Pablo’s own leave policies.
Further, when employees require leave in order to receive a COVID-19 test or to be vaccinated or are directed not to report to work by the City of San Pablo for reasons related to the presentation of COVID-19 symptoms, a COVID-19 case, close contact COVID-19 exposure, the City of San Pablo will advise the employees of the leaves to which the employees may be entitled for that specific reason.
5. Spread and Transmission of the Virus that Causes COVID-19 The City of San Pablo advises and provides updates to employees about the known spread and transmission of COVID-19. The City of San Pablo specifically advises employees of the following: (1) that COVID-19 is an infectious respiratory disease; (2) that the virus that causes COVID-19 can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales; (3) that particles containing the virus can travel more than six (6) feet, especially indoors, so physical distancing must be combined with other controls, including face coverings and hand hygiene, including hand washing, in order to be effective; (4) that COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth, although that is less common; and (5) that an infectious person may have present no COVID-19 symptoms or be pre-symptomatic.
6. Hand Hygiene, and Face Coverings and Respirators
The City of San Pablo advises employees of the importance of physical distancing, face coverings, and hand hygiene, including hand washing, and instructs employees that the combination of physical distancing, face coverings, increased ventilation indoors, and respiratory protection make such preventative measures most effective.
With respect to hand hygiene, the City of San Pablo provides employees information regarding the importance of frequent hand washing, that hand washing is most effective when soap and water are used and the employees washes for at least 20 seconds. The City of San Pablo instructs employees to use hand sanitizer when employees do not have immediate access to a hand washing facility (i.e., a sink) and that hand sanitizer will not be effective if the employee’s hands are soiled.
With respect to face coverings and respirators, the City of San Pablo provides employees information on the benefits of face coverings, both to themselves and to others. The City of San Pablo also provides employees instructions on the proper use of face coverings and the differences between face coverings and respirators.
The City of San Pablo will provide certain employees respirators for their use in certain circumstances, including to individuals who are not fully vaccinated, who are working indoors or in a vehicle with more than one person, and who request the devices for their use at work. At such time as the City of San Pablo provides respirators to employees for their use, it will provide such employees training on the proper use of such respirators, including, but not limited to, the method by which employees may check the seal of such respirator in conformance with the manufacturer’s instructions.
The City of San Pablo will provide training on the conditions under which face coverings must be worn at the workplace and that face coverings are additionally recommended outdoors for
people who are not fully vaccinated if six feet of distance between people cannot be maintained.
Employees can request face coverings from the City of San Pablo at no cost to the employee and can wear them at work, regardless of vaccination status, without fear of retaliation.
F. Face coverings
1. General Face Covering Requirements
The City of San Pablo provides face coverings to all employees who are not fully vaccinated and requires that such face coverings are worn by employees when indoors or in vehicles, unless certain conditions are satisfied, as explained below.
The City of San Pablo adheres to the most restrictive or prescriptive public health order provided by the CDC, CDPH or the local health department applicable to the City of San Pablo, and will provide face coverings and ensure they are worn by employees when required by orders from the CDPH.
The City of San Pablo requires that employees face coverings be clean and undamaged. The City of San Pablo allows employees to use face shields to supplement, not supplant, face coverings.
2. Limited Exceptions
The City of San Pablo provides for the following exceptions to the face coverings requirement:
1. When an employee is alone in a room (e.g., alone in an office or another space with walls that extend from the floor to the ceiling and a door that is closed in order to close the space to others) or vehicle;
2. While eating and drinking at the workplace, provided employees are at least six (6) feet apart and outside air supply to the area, if indoors, has been maximized to the extent feasible.
3. Employees wearing respirators required by the City of San Pablo and being used in compliance with the regulatory requirements for the use of such respirators.
4. Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or communicating with a hearing- impaired person.
5. Specific tasks which cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed
3. Required Use of Effective Non-Restrictive Alternative for Employees Exempted from Face Covering Requirement
The City of San Pablo requires that its employees who are exempted from wearing face coverings due to a medical condition, mental health condition, or disability wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if their condition or disability permits it.
4. Physical Distancing Required If Employee Is Not Wearing Face Covering or Non-Restrictive Alternative
The City of San Pablo requires that any employees not wearing a face covering due to
exception number 5, identified in Subsection 2 above, and not wearing a face shield with a drape or other effective alternative as described in Subsection 3 above, shall remain at least six (6) feet apart from all other persons unless the unmasked employees are tested at least weekly for COVID-19 during paid time and at no cost to the employee or are fully vaccinated.
In situations where a face covering is otherwise required, face coverings must be worn, and the exceptions to face coverings contained in this section no longer apply.
However, the City of San Pablo does not use COVID-19 testing as an alternative to face coverings when face coverings are otherwise required by this section.
5. Prohibition on Preventing Employees from Wearing Face Covering The City of San Pablo does not prevent any employee from wearing a face covering when wearing a face covering is not required by this section, unless not wearing a face covering would create a safety hazard, such as interfering with the safe operation of equipment.
6. Communication to Non-Employees Regarding Face Covering Requirement
The City of San Pablo posts signage to inform non-employees of the City of San Pablo’s requirements concerning the use of face coverings at City of San Pablo worksites.
G. Other engineering controls, administrative controls and personal protective equipment (PPE)
1. Maximization of Outdoor Air
As provided above at Section IV.B.5., for indoor City of San Pablo worksites, the City of San Pablo evaluated how to maximize the quantity of outdoor air.
Further, for City of San Pablo worksites with mechanical or natural ventilation, or both, the City of San Pablo maximizes the quantity of outside air provided to the extent feasible, except when the Environmental Protection Agency (“EPA”) Air Quality Index (“AQI”) is greater than 100 for any pollutant or if opening windows or letting in outdoor air by other means would cause a hazard to employees, for instance from excessive heat or cold.
2. Cleaning Procedures
The City of San Pablo undertakes the following cleaning measures:
1. Identify and regularly clean frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, phone, headsets, bathroom surfaces, and steering wheels;
2. Inform employees and authorized employee representatives of the City of San Pablo’s cleaning and disinfection protocols, including the planned frequency and scope of cleaning and disinfection; and
3. Clean areas, material, and equipment used by a COVID-19 case during the high- risk exposure period and disinfection if the area, material, or equipment is indoors and will be used by another employee within 24 hours of the COVID-19 case.
Further, the City of San Pablo requires that cleaning must be done in a manner that does not create a hazard to employees or subcontracted employees who do the cleaning and
disinfecting.
3. Evaluation of Handwashing Facilities
In order to protect employees, the City of San Pablo evaluates its handwashing facilities in order to determine the need for additional facilities, encourage and allow time for employee handwashing, and provide employees with an effective hand sanitizer.
The City of San Pablo encourages employees to wash their hands with soap and water for at least 20 seconds each time.
The City of San Pablo does not provide hand sanitizers with methyl alcohol.
4. Personal Protective Equipment (“PPE”)
a. Evaluation of the Need for PPE
The City of San Pablo evaluates the need for PPE in order to prevent employees from being exposed to COVID-19 hazards.
b. Provision of PPE When Necessary
The City of San Pablo provides PPE, including, but not limited to, face coverings, respirators, gloves, goggles, and face shields, to and for employees who require such equipment in order to perform their job duties in a healthy and safe manner, including where employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.
Upon request, the City of San Pablo shall provide respirators to employees for voluntary use to all employees and who are working indoors or in vehicles with more than one person. Whenever the City of San Pablo makes respirators available for voluntary use, the City of San Pablo will ensure that employees receive a respirator of the correct size and will provide such employees training on the proper use of such respirators, including, but not limited, the method by which employees may check the seal of such respirator in conformance with the manufacturer’s instructions, as discussed in Section IV.E.6.
5. Testing of Symptomatic Employees Who Are Not Fully Vaccinated The City of San Pablo makes COVID-19 testing available at no cost to employees with COVID- 19 symptoms who are not fully vaccinated. This testing will be made available during the employees’ paid time.
H. Reporting, recordkeeping and access
1. Reporting COVID-19 Cases to the Local Health Department The City of San Pablo reports COVID-19 cases and COVID-19 outbreaks at City of San Pablo worksites to the local health department. Further, the City of San Pablo provides any related information requested by the local health department.
2. Maintenance of Records Related to the Adoption of the CPP The City of San Pablo maintains records of the steps it has taken to implement these provisions described in this CPP.
3. Availability of the CPP for Inspection
The City of San Pablo makes this written CPP available to employees and employee organizations at City of San Pablo worksites. Further, the City of San Pablo makes this written CPP available to Cal/OSHA representatives immediately upon request.
4. Records Related to COVID-19 Cases
The City of San Pablo keeps a record of and tracks all COVID-19 cases with the following information: (1) employee’s name; (2) contact information; (3) occupation; (4) location where the employee worked: (5) the date of the last day at the workplace; and (6) the date of a positive COVID-19 test.
The City of San Pablo keeps employees’ medical information confidential.
I. Exclusion of COVID-19 cases and Employees Who Had a Close Contact COVID-19 Exposure
1. Exclusion of COVID-19 Cases from City of San Pablo Worksites The City of San Pablo ensures that COVID-19 cases are excluded from City of San Pablo worksites until the employee satisfies the minimum return to work criteria, as provided in Section IV.J.
2. Exclusion of Employees with Close Contact COVID-19 Exposures from City of San Pablo Worksites
The City of San Pablo ensures that employees who had a close contact COVID-19 exposure are excluded from City of San Pablo worksites until the employee satisfies the minimum return to work criteria, as provided in Section IV.J.
The City of San Pablo may allow the following employees to continue to report to City of San Pablo worksites: (1) Employees who were fully vaccinated before the close contact COVID-19 exposure and who have not developed COVID-19 symptoms since such exposure, so long as such employees wear a face covering and maintain six feet of distance from others at the workplace for 14 days following the last date of close contact COVID-19 exposure; and (2) COVID-19 cases who returned to work pursuant to the return to work criteria, as provided in Section IV.J. and have remained free of COVID-19 symptoms for 90 days after the initial onset of COVID-19 symptoms, or, for COVID-19 cases who never developed COVID-19 symptoms, for 90 days after the first positive COVID-19 test, so long as such employees wear a face covering and maintain six feet of distance from others at the workplace for 14 days following the last date of close contact COVID-19 exposure.
Additionally, if an employee is not excluded in accordance with the above exceptions, City of San Pablo will provide such an employee with information about any applicable precautions recommended by the California Department of Public Health (“CDPH”) for persons with a close contact COVID-19 exposure.
3. Provision of Benefits to Employees Excluded from Work as a Result of a Positive COVID-19 Test or Diagnosis or a Close Contact COVID- 19 Exposure
a. Employees Who Are Able to Telework During Isolation
or Quarantine Period
The City of San Pablo allows employees who are able to telework to telework during the isolation or quarantine period. The City of San Pablo will provide these employees their normal compensation for the work that they perform for the City of San Pablo during the isolation or quarantine period.
The City of San Pablo continues and maintains such an employee's earnings, wages, seniority, and all other employee rights and benefits, including the employee's right to their former job status, as if the employee had not been removed from their job. b. Employees Who Are Unable to Telework During
Isolation or Quarantine Period
The following employees are not entitled to the benefits described below: (1) Employees for whom the City of San Pablo can demonstrate that the close contact COVID-19 exposure was not work-related; and (2) Employees who received disability payments or were covered by workers’ compensation and received temporary disability. Such employees may still use paid sick leave for the purpose of receiving compensation during the isolation or quarantine period if they elect to do so.
For other employees who are unable to telework, but are otherwise able and available to work, the City of San Pablo may use paid sick leave available to the employee for the purpose of continuing and maintaining the employee’s earnings during the isolation or quarantine period.
Employees retain their entitlement to elect not to use other earned or accrued paid leave during this time. The City of San Pablo may provide such employees who are unable to telework, but who do not have any paid sick leave available, paid administrative leave in order to receive compensation during the isolation or quarantine period.
For all employees who are subject to an isolation or quarantine because of a COVID-19 case or a close contact COVID-19 exposure, the City of San Pablo will maintain the employees’ seniority and all other employee rights and benefits, including the employees’ right to their former job status, during the isolation or quarantine period.
4. Adherence with Laws, Policies, and/or Agreements Providing Excluded Employees Greater Protections
The obligations set forth in this section do not limit any other applicable law, City of San Pablo policy, or collective bargaining agreement that provides employees with greater protections or benefits.
5. Provision of Information Concerning Benefits to Excluded Employees
At the time of exclusion, the City of San Pablo provides the excluded employees the information on paid leave benefits to which the employees may be entitled under applicable federal, state, or local laws.
This includes, but is not limited to, any paid leave benefits available under workers’ compensation law, Labor Code sections 3212.86 through 3212.88, the City of San Pablo’s own leave policies, and leave guaranteed by contract.
J. Return to work criteria
1. Minimum Criteria to Return to Work for Symptomatic COVID-19 Cases
The City of San Pablo requires that a COVID-19 case with one or more COVID-19 symptoms remain at their home or place of residence and not report to any City of San Pablo worksite until they satisfy each of the following conditions: (1) At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications; (2) COVID-19 symptoms have improved; and (3) At least 5 days have passed since COVID-19 symptoms first appeared.
2. Minimum Criteria to Return to Work for Asymptomatic COVID-19 Cases
The City of San Pablo requires that COVID-19 cases who tested positive but never developed COVID-19 symptoms not report to any City of San Pablo worksite until a minimum of 5 days have passed since the date of specimen collection of their first positive COVID-19 test.
3. COVID-19 Testing Not Required in Order to Return to Work In accordance with CDC guidance concerning symptom-based strategies for the discontinuation of isolation, once an employee has satisfied the criteria to return to work, as provided in this Section, the City of San Pablo will not require that the employee submit to a COVID-19 test or produce a negative COVID-19 test result, in order to return to City of San Pablo worksites.
4. Minimum Criteria to Return to Work for Close Contacts a. Asymptomatic Fully Vaccinated Employees and Recent
COVID-19 Cases
As provided above at Section IV.I.2., the City of San Pablo is not required to exclude either fully vaccinated employees or employees who recently recovered from a COVID-19 case from the workplace following a close contact exposure, so long as such employees remain asymptomatic.
b. Asymptomatic Unvaccinated Employees
An unvaccinated employee who had a close contact COVID-19 exposure, but never developed COVID-19 symptoms may return to City of San Pablo worksites 14 days following the last known close contact COVID-19 exposure.
The 14-day return to work timeline can be shortened to 10 days if the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure.
The 14-day return to work timeline can be shortened to seven (7) days if the employee tests negative for COVID-19 with a specimen taken at least five (5) days after the last known close contact COVID-19 exposure and the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure.
c. Symptomatic Employees
Regardless of their vaccination status, an employee who had a close contact COVID-19 exposure and then develops one or more COVID-19 symptoms must remain at their home or place of residence and not report to any City of San Pablo worksite until they satisfy each of
the following conditions: (1) At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications; (2) COVID-19 symptoms have improved; and (3) At least 10 days have passed since COVID-19 symptoms first appeared.
5. Minimum Criteria to Return to Work for Employees Directed to Self- Quarantine or Isolate by a State or Local Health Official If employees are subject to an isolation or quarantine order issued by a state or local health official, the City of San Pablo requires that the employees not report to any City of San Pablo worksite until the period of isolation or quarantine is completed or the order is lifted.
If the relevant order did not specify a definite isolation or quarantine period, then the City of San Pablo will require that employees isolate or quarantine according to the applicable periods and criteria provided for in this Section or as otherwise instructed by the City of San Pablo.
6. Allowance by Cal/OSHA for an Employee to Return to Work If no violations of state or local health officer orders related to the employee’s isolation, quarantine, or exclusion would result, the City of San Pablo may request that Cal/OSHA waive the quarantine or isolation requirement for essential employees and allow such employees to return to work on the basis that the removal of employees would create undue risk to a community’s health and safety.
Where the absence of an essential employee from the City of San Pablo worksite would cause a staffing shortage that would have an adverse on a community’s health and safety and pose an undue risk to the community’s health and safety as a result, Cal/OSHA may grant such waiver.
In order to request a waiver under such circumstances, the City of San Pablo will submit the written request to [email protected]
. In the event of an emergency, the City of San Pablo may request a provisional waiver by contacting the local Cal/OSHA office while the City of San Pablo prepares the written waiver request.
The written waiver request must provide for the following information:
1. Employer name and business or service;
2. Employer point-of-contact name, address, email and phone number;
3. Statement that there are no local or state health officer orders for isolation or quarantine of the excluded employees;
4. Statement describing the way(s) in which excluding the exposed or COVID-19 positive employees from the workplace impacts the employer’s operation in a way that creates an undue risk to the community’s health and safety;
5. Number of employees required to be quarantined under the Cal/OSHA regulation, and whether each was exposed to COVID-19 or tested positive for COVID-19; and
6. The employer’s control measures to prevent transmission of COVID-19 in the workplace if the employee(s) return or continue to work in the workplace, including the prevention of further exposures. These measures may include, but are not limited to, preventative steps such as isolating the returned employee(s) at the workplace and requiring that other employees use respirators in the workplace.
In addition to submitting a request for a Cal/OSHA waiver, the City of San Pablo will develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employees at the City of San Pablo worksite and, if isolation is not feasible, the use of respirators in the workplace.