Cal/OSHA’s COVID-19 Regulations Have Expired, Except The Recordkeeping Requirement

On February 3, 2025, all but one subsection of Cal/OSHA’s COVID-19 response regulations, that were codified at Title 8 of the California Code of Regulations, expired.

The one subsection that remains in effect until February 3, 2026 is Subsection 3205(j) regarding Recordkeeping, which requires an employer to:

• “[K]eep a record of and track all COVID-19 cases” (emphasis added) with the employee’s name, contact information, occupation, location where the employee worked, the date of the last day at the workplace, and the date of the positive COVID-19 test and/or COVID-19 diagnosis.
  • One reasonable interpretation of the requirement to “track” all COVID-19 cases as stated within this remaining recordkeeping regulation is that employers are only required to maintain a record of COVID cases they are made aware of as a result of volunteered or widely-known information, as opposed to the active tracking that was required under the now-expired provisions.
• These records must be preserved for two years “beyond the period in which the record is necessary to meet the requirements” of now-expired sections 3205 through 3205.3.
  • Thus, the retention period for a record starts from the last relevant date related to the record, such as the end of the employee’s infectious period or their return to work.
  • For example, an employee who tested positive for COVID on January 1, 2025, but who never developed symptoms, may return to work in 10 days on January 11, 2025, under now-expired regulation section 3205 (b)(9)(B). The employer must maintain that record until January 11, 2027.
• Provide information on COVID-19 cases to the local health department with jurisdiction over the workplace, CDPH, Cal/OSHA, and NIOSH immediately upon request, and when required by law.