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by Vanessa M. Greene, J.D.; Employment Law Subject Matter Expert, CalChamber
On February 3, 2025, Cal/OSHA’s non-emergency COVID-19 regulation officially expired, marking the end of many pandemic-era workplace safety requirements. However, some requirements — such as recordkeeping obligations — remain in place. Additionally, situations may arise where employers still need to address COVID-19 hazards under their Injury and Illness Prevention Program (IIPP). Understanding these lingering obligations is crucial to ensuring continued compliance.
Before we discuss remaining COVID-19 obligations for employers, let’s take a quick trip down memory lane.
When the COVID-19 pandemic began in early 2020, California implemented emergency workplace safety measures in an attempt to curb the spread of the virus. Initially, state and local health orders required many businesses to shut down or significantly modify operations, enforcing stay-at-home mandates, social distancing and capacity restrictions. Essential businesses were allowed to remain open but had to navigate continually changing safety requirements — things like conducting temperature checks at the door, utilizing makeshift plastic barriers and scrambling to secure masks and hand sanitizer.
In November 2020, Cal/OSHA adopted an Emergency Temporary Standard (ETS), requiring employers to implement strict COVID-19 protocols, including exposure notification, testing, masking and exclusion (with pay) of COVID-positive employees. As new variants emerged and public health guidance evolved, Cal/OSHA revised the ETS several times over the next two years, adjusting workplace protocols to reflect changing conditions — including what felt like an ever-changing definition of "close contact.”
The ETS remained in place until its final iteration expired on December 31, 2022. But before employers could breathe a sigh of relief, Cal/OSHA introduced a non-emergency COVID-19 standard to ease the transition while keeping certain protections in place. This non-emergency standard, which took effect on February 3, 2023, relaxed some restrictions — shortened outbreak protocols and eliminated exclusion pay — but still required employers to provide testing, track outbreaks and follow workplace safety protocols. The non-emergency standard was always meant to be temporary, with a built-in expiration date of February 3, 2025 — although recordkeeping requirements (discussed below), remain in effect until February 3, 2026.
Now that Cal/OSHA’s non-emergency COVID-19 standard has expired, employers are no longer required to follow many of the pandemic-specific workplace safety protocols. However, some obligations remain in effect, and businesses must stay informed to ensure compliance. Here are some key changes employers should be aware of.
Recordkeeping obligations remain in effect until February 3, 2026, even though certain requirements — such as contact tracing and mandatory exclusion of COVID-19-positive employees — are no longer in effect. This means employers must continue logging all COVID-19 cases, including the employee’s name, contact information, job title, work location, last day of work and the date of their positive test or diagnosis. Employers must retain these records for at least two years. Additionally, employers are required to retain records of COVID-19 exposure notices issued under the now-expired COVID-19 regulation or California’s former COVID-19 exposure notice law (Labor Code section 6409.6). These records must be maintained for compliance purposes and made available to local health departments or other government agencies when required by law or upon request.
Employers are required to identify, evaluate and address potential workplace hazards under their IIPP, which can include infectious diseases like COVID-19. Therefore, even though the COVID-19 standard has expired, employers should still evaluate COVID-19 as a potential workplace hazard under their IIPP and, if needed, put appropriate precautions and procedures in place. While businesses now have more flexibility in determining appropriate precautions, failure to implement reasonable measures could still lead to enforcement actions by Cal/OSHA. Employers should assess whether their workplace policies adequately protect employees from potential infectious disease outbreaks, such as COVID-19, and update their IIPP accordingly.
The expiration of the non-emergency standard means employers are no longer required to provide COVID-specific training. However, employers are required to train employees on any workplace hazards identified in their IIPP — including infectious diseases. If an employer determines that COVID-19 remains a relevant workplace hazard, related training should be included in the IIPP to ensure employees understand preventive measures and protocols. This may involve educating employees on best practices for reducing the spread of airborne illnesses, such as proper hygiene, ventilation and personal protective measures. Employers should review their training programs to determine whether elements of infectious disease prevention should be incorporated to align with their workplace safety strategy.
One of the biggest changes with the expiration of the non-emergency standard is the elimination of COVID-19 case reporting and exposure notification obligations. Employers are no longer required to notify employees of close contact exposure or report workplace cases to public health agencies. The requirement to exclude COVID-19-positive employees from the workplace has also expired, meaning businesses have greater flexibility in managing sick leave and return-to-work policies. However, employers still have the option to implement stricter policies if they choose. Businesses may continue requiring employees to report positive cases, notify close contacts or follow isolation protocols based on their workplace safety priorities. Employers who choose to maintain stricter measures should ensure their policies are clearly communicated to employees and consistently enforced.
Employers are no longer required to provide COVID-19 testing or supply face coverings to employees upon request. However, businesses may still choose to implement voluntary testing and masking policies as part of their workplace health strategy. Employers should consider workplace-specific risks, employee concerns and industry expectations when deciding whether to continue offering these measures.
The expiration of Cal/OSHA’s non-emergency COVID-19 standard marks the end of most pandemic-related workplace safety mandates, providing employers with greater flexibility in managing workplace health policies. However, lingering obligations — such as recordkeeping through 2026 and the requirement to address COVID-19 as a workplace hazard under the IIPP — mean that businesses must remain mindful of compliance requirements. While many of the stricter mandates, including reporting, exclusion and testing, are no longer in effect, employers still have the discretion to implement their own workplace policies to protect employees and maintain operational continuity. Moving forward, businesses should evaluate their workplace safety plans, assess whether COVID-19 or other infectious diseases remain relevant hazards under their IIPP and adjust policies accordingly.
Cal/OSHA also maintains a COVID-19 guidance and resources page, which provides information on regulations, industry-specific guidance, frequently asked questions and other relevant materials. However, if employers have questions specific to their workplace or unique circumstances, they should consult with legal counsel.