March 24, 2020

Dear Members,

Related to recent ECA messages regarding (COVID-19), the construction industry has put forth several questions related to Cal/OSHA—specifically for clarification of regulations now that the industry is faced with the current crisis. An industry letter was recently submitted to Cal/OSHA Chief Doug Parker focused on how and when Covid-19 related illnesses become recordable and/or reportable, along with other questions. His response is below:

Subject: RE: COVID-19 – Industry Request for Urgent Clarification

Thank you for your letter. You are correct that an exposure must be occupational and it must fit the criteria for a reportable illness under our regulations to be reportable. Those changed in February to include, among other things, injuries and illnesses that require hospital admission regardless of length of time. The construction industry is not covered by Section 5199, the ATD Standard. While we do have authority to designate additional industries as subject to the standard, there are no plans to do so at this time.

We are currently attempting to respond to a number of requests for guidance, and in the near future will post more specific guidance on our website regarding reporting that will hopefully answer your more detailed questions. I appreciate that there are compliance questions and challenges in these circumstances. In the interim I encourage your members to visit our webpage and review the general industry guidance (which in this context includes construction) and the links to CDC guidance on protecting workers from coronavirus.

Doug

Please know that the ECA will work closely with our association partners in seeking further clarification on the many questions that have arisen regarding Cal/OSHA regulations and how they may affect member businesses. A link to the Cal/OSHA web site is below, and more information to follow.

Click here to read more

If you have any questions, please call the ECA office number or my mobile phone: 657-281-9720

Thank you,

Ray M. Baca

Executive Director