COVID-19 Prevention

    New Sections 3205, 3205.1, 3205.2, 3205.3 and 3205.4
Emergency Rulemaking Status
Date adopted: Nov. 19, 2020
Filed with Secretary of State: Nov. 30, 2020
Effective date: Nov. 30, 2020
Expires on: Oct. 2, 2021
Date of 90-day readoption:  
Filed with Secretary of State:
Effective date:
Expires on:

Rulemaking Documents

Readoption Documents

Documents Relied Upon

  1. Gavin Newsom, Governor of California; Proclamation of a State of Emergency; March 4, 2020.
  2. Gavin Newsom, Governor of California; Executive Order N-33-20; March 19, 2020.
  3. Gavin Newsom, Governor of California; Update on California’s Progress Toward Stage 2 Reopening; May 4, 2020.
  4. Gavin Newsom, Governor of California; Executive Order N-62-20; May 6, 2020.- Last Accessed November 13, 2020.
  5. Occupational Safety and Health Standards Board; Petition File No. 583; Adopted Decision; September 17, 2020.
  6. Division of Occupational Safety and Health’s Evaluation of Petition 583; July 30, 2020.
  7. California Department of Public Health (CDPH); COVID-19 by the Numbers; accessed October 15, 2020.
  8. European Centre for Disease Prevention and Control; Transmission of COVID-19. Accessed on October 14, 2020.
  9. Wei WE, Li Z, Chiew CJ, Yong SE, Toh MP, VJ. L. Presymptomatic Transmission of SARS-CoV-2 — Singapore, January 23–March 16, 2020. ePub: April 1, 2020. MMWR Morb Mortal Wkly Rep. 2020.
  10. 10. Kim YI, Kim SG, Kim SM, Kim EH, Park SJ, Yu KM, Chang JH, Kim EJ, Lee S, Casel MAB, Um J, Song MS, Jeong HW, Lai VD, Kim Y, Chin BS, Park JS, Chung KH, Foo SS, Poo H, Mo IP, Lee OJ, Webby RJ, Jung JU, Choi YK. Infection and Rapid Transmission of SARS-CoV-2 in Ferrets. Cell Host Microbe. 2020 May 13;27(5):704-709.e2. doi: 10.1016/j.chom.2020.03.023. Epub April 6, 2020. PMID: 32259477; PMCID: PMC7144857.
  11. Centers for Disease Control and Prevention (CDC); When to Quarantine Stay home if you might have been exposed to COVID-19. Updated on October 27, 2020. Accessed on October 14, 2020.
  12. Setti L, Passarini F, De Gennaro G, et al. Airborne Transmission Route of COVID-19: Why 2 Meters/6 Feet of Inter-Personal Distance Could Not Be Enough. Int J Environ Res Public Health. 2020;17(8):2932. April 23, 2020.
  13. Bourouiba L. Turbulent Gas Clouds and Respiratory Pathogen Emissions: Potential Implications for Reducing Transmission of COVID-19. JAMA. 2020;323(18):1837–1838. doi:10.1001/jama.2020.4756.
  14. Shen Y, Li C, Dong H, et al. Community Outbreak Investigation of SARS-CoV-2 Transmission Among Bus Riders in Eastern China. JAMA Intern Med. Published online September 1, 2020. doi:10.1001/jamainternmed.2020.5225.
  15. Guo Z, Wang Z, Zhang S, et al. Aerosol and Surface Distribution of Severe Acute Respiratory Syndrome Coronavirus 2 in Hospital Wards, Wuhan, China, 2020. Emerging Infectious Diseases. 2020;26(7):1583-1591. doi:10.3201/eid2607.200885.
  16. Booth TF, Kournikakis B, Bastien N, et al. Detection of Airborne Severe Acute Respiratory Syndrome (SARS) Coronavirus and Environmental Contamination in SARS Outbreak Units. J Infect Dis. 2005;191(9):1472-1477. doi:10.1086/429634.
  17. Liu, Y., Ning, Z., Chen, Y. et al. Aerodynamic analysis of SARS-CoV-2 in two Wuhan hospitals. Nature. 582, 557–560 (2020).
  18. Renyi Zhang, Yixin Li, Annie L. Zhang, Yuan Wang, Mario J. Molina. Identifying airborne transmission as the dominant route for the spread of COVID-19. Proceedings of the National Academy of Sciences, June 2020, 117 (26) 14857-14863.
  19. Parham Azimi, Zahra Keshavarz, Jose Guillermo Cedeno Laurent, Brent R. Stephens, Joseph G. Allen. Mechanistic Transmission Modeling of COVID-19 on the Diamond Princess Cruise Ship Demonstrates the Importance of Aerosol Transmission. BMJ. July 15, 2020.
  20. Guenther, Thomas and Czech-Sioli, Manja and Indenbirken, Daniela and Robitailles, Alexis and Tenhaken, Peter and Exner, Martin and Ottinger, Matthias and Fischer, Nicole and Grundhoff, Adam and Brinkmann, Melanie, Investigation of a superspreading event preceding the largest meat processing plant-related SARS-Coronavirus 2 outbreak in Germany (July 17, 2020).
  21. Lidia Morawska, Donald K Milton; It is Time to Address Airborne Transmission of Coronavirus Disease 2019 (COVID-19), Clinical Infectious Diseases, ciaa939.
  22. Furukawa NW, Brooks JT, Sobel J.; Evidence Supporting Transmission of Severe Acute Respiratory Syndrome Coronavirus 2 While Presymptomatic or Asymptomatic. Emerging Infectious Diseases. July 2020.
  23. Bae SH, Shin H, Koo H-Y, Lee SW, Yang JM, Yon DK. Asymptomatic Transmission of SARS-CoV-2 on Evacuation Flight. Emerg Infect Dis. November 2020.
  24. Arons MM et al. Presymptomatic SARS-CoV-2 Infections and Transmission in a Skilled Nursing Facility. N Engl J Med 2020; 382:2081-2090.
  25. American Conference of Governmental Industrial Hygienists; White Paper on Ventilation for Industrial Settings during the COVID-19 Pandemic. August 2020.
  26. American Industrial Hygiene Association; Reducing the Risk of COVID-19 using Engineering Controls. August 28, 2020.
  27. Jeff Burton; Air Handling in the Era of Corona Virus: Roles Ventilation Can Play in the Control of COVID-19 Transmission in Non-Medical-Care Facilities. May 13, 2020.
  28. ASHRAE; ASHRAE Position Document on Infectious Aerosols. April 14, 2020.
  29. European CDC. Heating, ventilation and air-conditioning systems in the context of COVID-19. June 22, 2020.
  30. Lindsley WG, Blachere FM, Law BF, Beezhold DH, Noti JD. Efficacy of face masks, neck gaiters and face shields for reducing the expulsion of simulated cough-generated aerosols. Health Effects Laboratory Division, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, October 7, 2020.
  31. California Department of Fair Housing and Employment; Employment Information COVID-19. Accessed October 15, 2020.
  32. Wiersinga WJ, Rhodes A, Cheng AC, Peacock SJ, Prescott HC. Pathophysiology, Transmission, Diagnosis, and Treatment of Coronavirus Disease 2019 (COVID-19): A Review. JAMA. 2020;324(8):782–793. doi:10.1001/jama.2020.12839.
  33. World Health Organization; What we know about Long-term effects of COVID-19. September 9, 2020.
  34. CDC; People with Certain Medical Conditions. October 6, 2020.
  35. CDC; Evidence used to update the list of underlying medical conditions that increase a person’s risk of severe illness from COVID-19. October 6, 2020.
  36. CDC; Interim Guidance for Rapid Antigen Testing for SARS-CoV-2. Updated September 4, 2020. Accessed on October 15, 2020.
  37. Hiroshi Nishiura, Hitoshi Oshitani, Tetsuro Kobayashi, Tomoya Saito, Tomimasa Sunagawa, Tamano Matsui, Takaji Wakita. MHLW COVID-19 Response Team, Motoi Suzuki. Closed environments facilitate secondary transmission of coronavirus disease 2019 (COVID-19).
  38. CDC; Considerations for Restaurants and Bars. September 6, 2020.
  39. CDC; Hand Hygiene Recommendations, Updated May 17, 2020; Accessed on October 15, 2020 and November 6, 2020.
  40. CDC; Cleaning and Disinfection for Non-emergency Transport Vehicles; Updated April 14, 2020. Accessed on October 15, 2020.
  41. Employment Development Department (EDD); Table 2A: Third Quarter Payroll and Number of Businesses by Size Category, Third Quarter 2019.
  42. California Department of Finance (DOF); Finance Bulletin September 2020.
  43. EDD; Occupational Employment (May 2019) & Wage (2020 1st Quarter) Data, released June 2020.(State of California 2020 1st Quarter).
  44. DOF; “Total Estimated and Projected Population of California by Age: July 1, 2010 to July 1, 2060 in 1-year Increments.”
  45. CDPH; Face Covering Guidance issued on June 18, 2020.
  46. CDPH; Statewide Public Health Officer Order, Aug. 28, 2020.
  47. Department of Workers’ Compensation; COVID By Industry, data provided Oct. 1, 2020.
  48. EDD; Quarterly Census of Employment and Wages, California – Statewide, 2020 – First Quarter, accessed 10/13/20.
  49. Gavin Newsom, Governor of California; Executive Order N-25-20; March 12, 2020.
  50. Gavin Newsom, Governor of California; Executive Order N-40-20; March 30, 2020.
  51. Gavin Newsom, Governor of California; Executive Order N-66-20; May 29, 2020.
  52. Gavin Newsom, Governor of California; Executive Order N-71-20; June 30, 2020.
  53. EDD; Industry Employment Projections, Published March 2020.
  54. CDPH, “Responding to COVID-19 in the Workplace for Employers,” released June 16, 2020, revised September 18, 2020.
  55. Housing and Community Development (HCD); query tool; HCD data based on query made, accessed 9/30/2020.
  56. The Californian. COVID-19 rips through California motel rooms of guest workers who pick nation’s produce, dated August 26, 2020. Accessed on November 6, 2020.
  57. VC Star. Farmworker housing coronavirus outbreak: 188 test positive for COVID-19, dated July 4, 2020. Accessed on November 6, 2020.
  58. California Department of Food and Agriculture, et al. Housing for the Harvest – Program Overview, dated July 29, 2020. Accessed on November 6, 2020.
  59. Occupational Safety and Health Administration (OSHA); Additional Considerations for Workers Who Reside in Communal Living Arrangements. Accessed on November 6, 2020.
  60. CDC; COVID-19 Guidance for Shared or Congregate Housing, Updated Aug. 22, 2020. Accessed on November 6, 2020.
  61. CDC; Agriculture Workers and Employers. November 10, 2020.
  62. CDC; How COVID-19 Spreads, Updated October 28, 2020. Accessed on November 6, 2020.
  63. United States Environmental Protection Agency. Ventilation and Coronavirus (COVID-19). Accessed on November 6, 2020.
  64. CDC; COVID-19 Employer Information for Office Buildings, Updated October 29, 2020. Accessed on November 6, 2020.
  65. OSHA; Publication: COVID-19 Guidance on Ventilation in the Workplace. Accessed on November 6, 2020.
  66. CDC; CDC Newsroom Release: CDC calls on Americans to wear masks to prevent COVID-19 spread, dated July 14, 2020. Accessed on November 6, 2020.
  67. CDC; Protect Yourself When Using Transportation, Updated October 21, 2020. Accessed on November 6, 2020.
  68. CDC; COVID-19 Considerations for Cleaner Air Shelters and Cleaner Air Spaces to Protect the Public from Wildfire Smoke, Updated May 1, 2020. Accessed on November 6, 2020.
  69. CDPH; Employer Questions about AB 685, California’s New COVID-19 Law; dated October 16, 2020. Accessed on November 6, 2020.
  70. CDC; Employer Information for Heat Stress Prevention during the COVID-19 Pandemic, Updated August 26, 2020; Accessed on November 6, 2020.
  71. CDC; Living in Shared Housing, Updated October 28, 2020. Accessed on November 6, 2020.

Additional Documents Relied Upon, Added At Time Of Readoption

  1. State of California, Vaccination progress data,, accessed April 25, 2021.
  2. CDPH, COVID-19 Outbreaks (January 1, 2021 - April 5, 2021), updated April 12, 2021, and its key COVID-19 Outbreaks Data Dictionary, both available at , accessed April 25, 2021.
  3. Gavin Newsom, Governor of California; Executive Order N-84-20; December 14, 2020.
  4. Cal/OSHA Stakeholder Meeting, COVID-19 Prevention Emergency Temporary Standards, December 18, 2020. (Agenda and DVD audio recording).
  5. Cal/OSHA Advisory Committee Meetings, COVID-19 Prevention, February 11, 12 & 16, 2021. (Agenda,12,16.pdf, Committee Roster, and DVD video recording).
  6. CDC; Interim Public Health Recommendations for Fully Vaccinated People, Updated April 2, 2021. Accessed on April 26, 2021.
  7. CDC; Cleaning and Disinfecting Your Facility, Updated April 5, 2021. Accessed on April 26, 2021.
  8. CDC; Ventilation in Buildings, Updated Mar. 23, 2021. Accessed on April 27, 2021.
  9. CDPH; COVID-19 Quarantine Guidance, updated December 14, 2020. Accessed on April 27, 2021. 
  10. CDC; Interim Guidance on Duration of Isolation and Precautions for Adults with COVID-19, Updated February 13, 2021. Accessed on April 26, 2021
  11. CDC; COVID-19 Guidance for Shared or Congregate Housing, Updated December 31, 2020. Accessed on April 26, 2021.
  12. CDC; Agriculture Workers & Employers, Interim Guidance from CDC and the U.S. Department of Labor, Updated February 2, 2021. Accessed on April 26, 2021.
  13. CDC; Choosing Safer Activities, Updated April 27, 2021. Accessed on April 27, 2021.
  14. CDPH; Interim guidance for Ventilation, Filtration, and Air Quality in Indoor Environments, Updated February 26, 2021. Accessed on April 26, 2021.


Contact the OSHSB Public Records Officer to request any Documents Relied Upon.


May 2021