Peralta Community College District COVID-19 Prevention Program
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I. PURPOSE:
The purpose of the Peralta Community College District’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 (Labor Code §§ 6300, et seq.) and associated regulations (8 C.C.R. § 3205).
Nothing in this CPP precludes the Peralta Community College District (“PCCD”) from complying with federal, state, or local laws or guidance that recommends or requires measures that are more prescriptive and/or restrictive than are provided herein.
II. SCOPE
Unless one of the exceptions applies, this CPP applies to all PCCD employees, including those who are “fully vaccinated.”
The following employees are exempted from coverage under the CPP: (1) PCCD employees who are teleworking from a location that is not under the control of PCCD; (2) Employees who are working in or at a work location and do not have contact with any other individuals; and (3) PCCD employees who because of their tasks, activities or work location have occupational exposure as defined by the Aerosol Transmissible Diseases (“ATD”) regulation (i.e., 8 C.C.R. § 5199), and are therefore covered by that regulation.
DEFINITIONS:
For the purposes of the CPP, the following definitions shall apply:
“COVID-19” means coronavirus disease, an infectious disease caused by the 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.
A person is no longer a “COVID-19 case” when a licensed health care professional determines that the person does not have COVID-19, in accordance with recommendations made by the California Department of Public Health (CDPH) or the local health department pursuant to authority granted under the Health and Safety Code or title 17, California Code of Regulations to CDPH or the local health department.
“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 (defined below in this section) as required by PCCD 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 hazard” means exposure to 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, sneezing, or procedures performed on persons which may aerosolize saliva or respiratory tract fluids, among other things. 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 viral test for SARS-CoV-2 that is both: (1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency Use Authorization (“EUA”) from the FDA to diagnose current infection with the SARS- CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA EUA as applicable.
“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 the COVID-19 case was wearing a face covering the entire time they were 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 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. A face covering has no visible holes or openings, and must cover the nose and mouth. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.
“Fully vaccinated” means PCCD has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine. Vaccines must be FDA approved; have an Emergency Use Authorization from the FDA; or, for persons fully vaccinated outside the United States, be listed for emergency use by the World Health Organization (WHO).
“High-risk exposure period” means the following::
(A)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) ten (10) days after symptoms first appeared; (2) 24 hours have passed with no fever, without the use of fever-reducing medications, and (3) symptoms have improved; or
(B) For COVID-19 cases who never develop COVID-19 symptoms: from two (2) days before until ten (10) 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.
III. PROGRAM
A. SYSTEM FOR COMMUNICATING WITH PCCD EMPLOYEES
1. Reporting COVID-19 Symptoms, Possible COVID-19 Close Contact Exposures, and Possible COVID-19 Hazards at PCCD Worksites and Facilities
PCCD policy requires that PCCD employees immediately report to their manager or supervisor or to the Office 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; (3) possible COVID-19 hazards at PCCD worksites or facilities.
PCCD will not discriminate or retaliate against any PCCD employee who makes such a report.
2. Accommodations Process for PCCD Employees with Medical or Other Conditions that Put them at Increased Risk of Severe COVID-19 Illness
PCCD policy 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, PCCD will require that the employee provide information from the employee’s health care provider explaining the basis for the employee’s request for accommodation.
The CDC identifies the following medical conditions and other conditions as placing or potentially placing individuals at an increased risk of severe COVID-19 illness
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:
Cancer
Chronic kidney disease
COPD (chronic obstructive pulmonary disease)
Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
Immunocompromised state (weakened immune system) from solid organ transplant
Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2)
Severe Obesity (BMI ≥ 40 kg/m2)
Pregnancy
Sickle cell disease
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:
Asthma (moderate-to-severe)
Cerebrovascular disease (affects blood vessels and blood supply to the brain)
Cystic fibrosis
Hypertension or high blood pressure
Immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines
Neurologic conditions, such as dementia
Liver disease
Overweight (BMI > 25 kg/m2, but < 30 kg/m2)
Pulmonary fibrosis (having damaged or scarred lung tissues)
Thalassemia (a type of blood disorder)
Type 1 diabetes mellitus
PCCD will periodically review 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
PCCD employees are encouraged to review the list of medical conditions and other conditions provided above in order to determine whether they have such a condition.
To request an accommodation under the PCCD policy, employees may make a request to the Office of Human Resources by contacting hr@peralta.edu.
3. COVID-19 Testing
PCCD possesses authority to require that employees who report to work at PCCD worksites or facilities be tested for COVID-19.
Where PCCD requires testing, PCCD has adopted policies and procedures that ensure the confidentiality of employees and comply with the Confidentiality of Medical Information Act (“CMIA”). Specifically, PCCD 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
PCCD will notify PCCD employees and independent contractors of any potential COVID- 19 exposure at a PCCD worksite or facility where a COVID-19 case and PCCD employees were present on the same day. PCCD will notify PCCD 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.
PCCD will also notify PCCD employees of cleaning and disinfecting measures PCCD is undertaking in order to ensure the health and safety of the PCCD worksite or facility where the potential exposure occurred.
B. IDENTIFICATION AND EVALUATION OF COVID-19 HAZARDS AT PCCD WORKSITES AND FACILITIES
1. Screening PCCD Employees for COVID-19 Symptoms
PCCD possesses authority to screen employees or require that employee self-screenfor COVID-19 symptoms.
PCCD policy provides that PCCD will screen PCCD employees for COVID-19 symptoms prior to entering PCCD worksites and facilities 2. Responding to PCCD Employees with COVID-19 Symptoms
Should a PCCD employee present COVID-19 symptoms during a PCCD administered screening, PCCD 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 the employee satisfies the minimum criteria to return to work.
PCCD will advise employees of any leaves to which they may be entitled during this self- quarantine period, which may include, but may not be limited to COVID-19 Supplemental Paid Sick Leave (“SPSL”).
Further, PCCD has adopted policies and procedures that ensure the confidentiality of employees and comply with the CMIA, and will not disclose to other employees the fact that the employees presented COVID-19 symptoms.
3. PCCD’s Response to COVID-19 Cases
In the event that PCCD employees test positive for COVID-19 or are diagnosed with COVID-19 by a health care provider, PCCD will instruct the employees 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.
PCCD will advise employees of any leaves to which they may be entitled during this self- isolation period which may include, but may not be limited to COVID-19 Supplemental Paid Sick Leave (“SPSL”).
PCCD will comply 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 institutions as required based on the individual circumstances: (1) the Alameda County Public Health Department; (2) Cal/OSHA; (3) employees who were present at a PCCD worksite or facility when a COVID-19 case was present; (4) the employee organizations that represent employees at the PCCD worksite or facility; (5) the employers of subcontracted employees who were present at the PCCD worksite or facility; and (6) PCCD’s workers’ compensation plan administrator.
If possible, PCCD will interview the COVID-19 cases in order to ascertain the nature and circumstances of any contact that the employees may have had with other employees during the high-risk exposure period. If PCCD determines that there were any close contact COVID-19 exposures PCCD 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.
PCCD has adopted policies and procedures that ensure the confidentiality of employees and comply with the CMIA. Specifically, PCCD will not disclose to other employees, except for those who need to know, the fact that the employees tested positive for or were diagnosed with COVID-19. Further, PCCD 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 otherwise permitted or required under the law.
4. Workplace-Specific Identification of COVID-19 Hazards
PCCD will periodically conduct workplace-specific assessments of all interactions, areas, activities, processes, equipment, and materials that could potentially expose employees to COVID-19 hazards.
This process includes identifying 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.
Consideration will include how employees and other persons enter, leave, and travel through PCCD worksites and facilities, in addition to addressing employees’ stationary workspaces or workstations.
PCCD will provide notice of any such potential workplace exposure to all persons at PCCD worksites and facilities, including employees, employees of other entities, members of the public, customers or clients, and independent contractors.
As part of this process, PCCD will treat all persons, regardless of symptoms or COVID- 19 status, as potentially infectious.
5. Maximization of Outdoor Air and Air Filtration
For indoor PCCD worksites and facilities, evaluation includes how to maximize the quantity of outdoor air; provide the highest level of filtration efficiency compatible with the worksites and facilities’ 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. PCCD Compliance with Applicable State and Local Health Orders
PCCD monitors applicable orders and guidance from the State of California and the Alameda County Public Health Department, as well as any additional local authorities related to COVID-19 hazards and prevention, including information of general application and information specific to PCCD’s locations and operations.
PCCD 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, PCCD will evaluate existing COVID-19 prevention controls at the workplace and assess alternative or additional controls.
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”).
8. Periodic Inspections
PCCD will conduct periodic inspections of PCCD worksites and facilities as needed to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with PCCD’s COVID-19 policies and procedures.
C. INVESTIGATING AND RESPONDING TO COVID-19 CASES IN PCCD WORKSITES AND FACILITIES
1. Procedure to Investigate COVID-19 Cases
PCCD’s procedure to investigate COVID-19 cases in the workplace includes: (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., in the event that PCCD employees test positive for COVID-19 or are diagnosed with COVID-19 by a healthcare provider, PCCD will instruct the employees to remain at or return to 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.
a. Contact Tracing
If possible, PCCD will interview the COVID-19 case(s) in order to ascertain the following information: (1) the date on which the employees tested positive, if asymptomatic, or the date on which the employees first presented COVID-19 symptoms, if symptomatic; (2) the COVID-19 cases’ recent work history, including the day and time they were last present at a PCCD worksite or facility; and (3) the nature and circumstances of the COVID-19 cases’ contact with other employees during the high-risk exposure period, including whether any such contact qualifies as a close contact COVID-19 exposure.
If PCCD determines that there were any close contact COVID-19 exposures, PCCD 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.
Further, PCCD will instruct those employees to be tested for COVID-19, and that PCCD will provide for such testing during paid time, as discussed in subsection (c) below.
b. Reporting the Potential Exposure to Other Employees
PCCD will comply 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 institutions as follows.
Within one (1) business day of the time PCCD knew or should have known of a COVID-19 case, PCCD will give written notice of a potential workplace exposure to: (1) employees who were present at a PCCD worksite or facility when the COVID-19 case’s high-risk exposure period, and the authorized representative of those employees; (2) independent contractors at PCCD worksite or facility during the COVID-19 case’s high- risk exposure period; and (3) Other employers at the worksite or facility during the COVID- 19 case’s high-risk exposure period. PCCD will provide notice by either personal service, email, or text message.
PCCD’s notice(s) will not reveal any personal identifying information of the COVID-19 case. The notice will include information about PCCD’s disinfection plan, as applicable.
c. Offer of Free COVID-19 Testing Following a Close Contact Exposure
As of August 17, 2022, PCCD is no longer providing testing on campus. Please visit https://safe.peralta.edu/covid-19-vaccine for a list of available testing locations.
d. Leave and Compensation Benefits for Close Contact Exposures
PCCD will provide these employees with information regarding COVID-19-related benefits to which the employees may be entitled under applicable federal, state, or local laws. This includes any benefits available under workers’ compensation law, Supplemental Paid Sick Leave, local governmental requirements, PCCD’s own leave policies, and leave guaranteed by contract.
PCCD will continue to provide and will maintain these eligible 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.
PCCD may require that these eligible employees use employer-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
PCCD will conduct an investigation in order to determine whether any workplace conditions could have contributed to the risk of COVID-19 exposure and what could be done to reduce exposure to COVID-19 hazards, if any.
PCCD 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.
PCCD 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 PCCD WORKSITES AND FACILITIES
PCCD will implement effective policies and/or procedures to correct unsafe or unhealthy conditions, work practices.
For example, if PCCD identifies COVID-19 hazards in the workplace, it may implement controls, policies, or procedures related to physical distancing, face coverings, engineering controls, administrative controls, and personal protective equipment (“PPE”).
E. TRAINING AND INSTRUCTION OF PCCD EMPLOYEES 1. COVID-19 Symptoms
Employees training and instruction on the COVID-19 symptoms includes advising employees of COVID-19 symptoms. These symptoms include: (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.
PCCD will continue to monitor and adhere to guidance 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
PCCD will advise employees in the event that the CDC makes any changes to its guidance concerning such symptoms.
Employees will be instructed and informed of the importance of not coming to a PCCD worksite if they have any COVID-19 symptoms. PCCD will advise
2. COVID-19 Vaccinations
PCCD 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, PCCD 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. PCCD’s COVID-19 Policies and Procedures
PCCD provides regular updates to employees on the PCCD’s policies and procedures to prevent COVID-19 hazards at PCCD worksites and facilities, how such policies and procedures are intended to protect the health and safety of employees, and how employees may participate in the identification and evaluation of COVID-19 hazards in order to make such worksites and facilities healthier and safer for themselves and others.
4. 4. COVID-19 Related Benefits
PCCD advises and provides updates to employees of the leaves to which the employees may be entitled under applicable federal, state, or local laws. This may include benefits available under workers’ compensation law, Supplemental Paid Sick Leave, PCCD’s own leave policies, and leave guaranteed by contract.
For example, 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 PCCD for reasons related to the presentation of COVID-19 symptoms, a COVID-19 case, close contact COVID-19 exposure, PCCD 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
PCCD advises and provides updates to employees about the known spread and transmission of COVID-19. PCCD specifically advises employees of the following: (1) COVID-19 is an infectious respiratory disease; (2) the virus that causes COVID-19 can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales; (3) 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) 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) an infectious person may present no COVID-19 symptoms or be pre-symptomatic.
6. PCCD further advised PCCD employees of the fact that Methods and Importance of Physical Distancing, Hand Hygiene, Face Coverings, and Respirators
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PCCD advises employees of the methods and importance of physical distancing, face coverings, and hand hygiene, including hand washing. PCCD instructs employees that the combination of physical distancing, face coverings, increased ventilation indoors, and respiratory protection make such preventative measures most effective.
Specifically, PCCD provides employees information on the importance of frequent hand washing. Hand washing is most effective with soap and water for at least 20 seconds. PCCD instructs employees to use when they do not have immediate access to a sink or other hand washing facility. PCCD further advises employees that Hand sanitizer is not effective if the employee’s hands are soiled.
PCCD provides employees information on the benefits of face coverings, both to themselves and to others. PCCD also provides employees instructions on the proper use of face coverings and the differences between face coverings and respirators. Face coverings are not respiratory protective equipment for the wearer against COVID-19, an airborne disease – they primarily protect people around the user. Respirators, such as N95 masks, protect the user from airborne disease.
Upon request, PCCD will provide respirators to employees who are not fully vaccinated and who work indoors or in a vehicle with more than one person. At such time as PCCD 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.
PCCD 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 who are not fully vaccinated have a right to request a respirator for voluntary use at no cost to the employees and without fear of retaliation. Any PCCD employee may request a face covering from PCCD 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 Requirement
PCCD provides face coverings to all employees who are not fully vaccinated and requires that employees wear these face coverings when indoors or in vehicles, unless certain conditions are satisfied, as explained below. PCCD adheres to the most restrictive or prescriptive public health order provided by the CDC, CDPH, Alameda County Public Health Department, or other local health department applicable to PCCD, and will provide face coverings and ensure they are worn by employees when required by federal, state, or local health orders.
PCCD requires that face coverings be clean and undamaged. PCCD allows employees to use face shields to supplement, and not supplant face coverings. Face shields are not a replacement or acceptable alternative for a face covering.
2. Limited Exceptions
PCCD permits the following limited exceptions to the face coverings requirement:
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 may be closed in order to close the space to others) or vehicle.
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 possible.
Employees wearing respirators required by PCCD and the respirators are used in compliance with the regulatory requirements for the use of the respirators.
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, where PCCD has determined it can reasonably accommodate an exemption without undue hardship or a direct threat to the health and safety in the workplace.
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
PCCD requires that its employees who are exempted from wearing face coverings through an available reasonable accommodation identified by PCCD, 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
PCCD requires that any employees not wearing a face covering due to either exception number 4 or 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 be at least six (6) feet apart from all other persons unless the unmasked employees are tested at least twice (2x) weekly for COVID-19, during paid time and at no cost to the employees, 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.
PCCD 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
PCCD does not prevent any employee from wearing a face covering, 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
PCCD posts signage to inform non-employees of PCCD’s requirements concerning the use of face coverings at PCCD worksites and facilities.
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 PCCD worksites and facilities, PCCD will confirm its evaluation of how to maximize the quantity of outdoor air.
Further, for PCCD worksites and facilities with mechanical or natural ventilation, or both, PCCD maximizes the quantity of outside air provided to the extent feasible, except when the United States Environmental Protection Agency (“EPA”) Air Quality Index is greater than 100 for any pollutant or if opening windows or letting in outdoor air by other means would cause a hazard to PCCD employees, for instance from excessive heat or cold.
2. Cleaning Procedures
PCCD undertakes the following cleaning measures:
Identify and regularly clean frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, bathroom surfaces, and steering wheels.
Inform employees and authorized employee representatives of PCCD’sss cleaning and disinfection protocols, including the planned frequency and scope of regular cleaning and disinfection.
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, PCCD requires that cleaning and disinfecting must be done in a manner that does not create a hazard to PCCD employees or subcontracted employees who perform the cleaning and disinfecting.
3. Evaluation of Handwashing Facilities
In order to protect PCCD employees, PCCD 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.
PCCD encourages PCCD employees to wash their hands with soap and water for at least 20 seconds each time.
PCCD does not provide hand sanitizers with methyl alcohol.
4. Personal Protective Equipment (“PPE”) a. Evaluation of the Need for PPE
PCCD evaluates the need for PPE, in order to prevent employee exposure to COVID-19 hazards
b. Provision of Necessary PPE
PCCD provides PPE, including, but not limited to, eye protection, 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.
5. As noted above in Section E(6), upon request, PCCD shall provide respirators for voluntary use to all employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person. Whenever PCCD makes respirators available for voluntary use, PCCD 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 Testing of Symptomatic Employees Who Are Not Fully Vaccinated
As of August 17, 2022, PCCD is no longer providing testing on campus. Please visit https://safe.peralta.edu/covid-19-vaccine for a list of available testing locations.
H. REPORTING, RECORDKEEPING AND ACCESS
1. Reporting COVID-19 Cases to the Local Health Department
PCCD will report COVID-19 cases and COVID-19 outbreaks at the workplace to the local health department.
Further, PCCD will provide any related information requested by the local health department.
2. Maintenance of Records Related to the Adoption of the CPP
PCCD will maintain records of the steps taken to implement this CPP.
3. Availability of the CPP for Inspection
PCCD will make this written CPP available to employees and employee organizations at PCCD worksites or facilities.
Further, PCCD will make this written CPP available to Cal/OSHA representatives immediately upon request.
4. Records Related to COVID-19 Cases
PCCD will keep a record of and track 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.
In accordance with the Confidentiality of Medical Information Act (CMIA) and applicable law, PCCD will keep the employees’ medical information confidential.
In accordance with the CMIA and applicable law, PCCD will make this information available to employees and employee organizations with personal identifying information removed. PCCD will also make this information available as otherwise required by law.
I. EXCLUSION OF COVID-19 CASES AND CLOSE CONTACTS
1. Exclusion of COVID-19 Cases from PCCD Worksites and Facilities
PCCD will ensure that COVID-19 cases are excluded from the workplace until the individual satisfies the minimum return to work criteria established in Section IV.*.
2. Exclusion of Employees with Close Contact COVID-19 Exposures from PCCD Worksites and Facilities
PCCD will ensure that employees who had a close contact COVID-19 exposure are excluded from District worksites and facilitiesuntil the employee satisfies the minimum return to work criteria established in Section IV.*.
PCCD may allow the following employees who had a close contact to continue to report to PCCD worksites and facilities without exclusion from the workplace: (1) Employees who were fully vaccinated before the close contact COVID-19 exposure and who have not developed COVID-19 symptoms since such exposure; and (2) COVID-19 cases who returned to work pursuant to the return to work criteria, as provided in Section IV.*, 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.
3. Benefits for PCCD Employees Excluded from Work as a Result of a Positive COVID-19 Test, Diagnosis, or Close Contact COVID-19 Exposure
a. Employees Who Are Able to Telework During Isolation or Quarantine Period
PCCD will allow employees who are able to telework, and are able and available to work, to telework during the isolation or quarantine period. PCCD will provide these employees their normal compensation for the work that they perform for PCCD during the isolation or quarantine period.
PCCD 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 location
b. Employees Who Are Unable to Telework During Isolation or Quarantine Period
The provision of benefits described below does not apply to either: (1) PCCD employees for whom PCCD can demonstrate that the close contact COVID-19 exposure was not work-related; and (2) PCCD employees who receive 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, PCCD will require that employees who are unable to telework, but are otherwise able and available to work, to use paid sick leave available to the employee, including but not limited to Supplemental Paid Sick Leave, in order to continue and maintain the employee’s earnings during the isolation or quarantine period. If the employee has exhausted their SPSL entitlement, PCCD may use the employee’s paid sick leave in order to continue and maintain the employee’s earnings during the isolation or quarantine period.
PCCD employees retain their entitlement to elect not to use other earned or accrued paid leave during this time.
For all employees who are subject to an isolation or quarantine because of a COVID-19 case or a close contact COVID-19 exposure, PCCD 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, PCCD policy, or collective bargaining agreement that provides PCCD employees with greater protections or benefits.
5. Provision of Information Concerning Benefits to Excluded Employees
At the time of exclusion, the PCCD will provide the excluded employees the information on benefits to which the employees may be entitled under applicable federal, state, or local laws.
This includes, but is not limited to, COVID-19 Supplemental Paid Sick Leave (“SPSL”) (under Labor Code section 248.2), any paid leave benefits available under workers’ compensation law, Labor Code sections 3212.86 through 3212.88, Education Code, PCCD’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
PCCD policy requires that COVID-19 cases with one or more COVID-19 symptoms remain at their home or place of residence and not report to any PCCD worksite or facility until they satisfy each of the following conditions:
At least 24 hours have passed since a fever of 100.4 or higher has resolved without the use of fever-reducing medications;
COVID-19 symptoms have improved; and
At least 10 days have passed since COVID-19 symptoms first appeared.
2. Minimum Criteria to Return to Work for Asymptomatic COVID- 19 Cases
PCCD requires that COVID-19 cases who tested positive but never developed COVID- 19 symptoms not report to any PCCD worksite or facility until a minimum of 10 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, PCCD does not require employees submit to a COVID-19 test, or produce a negative COVID-19 test result, in order to return to PCCD worksites or faciliites, so long as the employees have satisfied the return to worksite criteria.,
4. Minimum Criteria to Return to Work for Close Contacts a. Asymptomatic Employees
An employee who had a close contact COVID-19 exposure, but never developed COVID- 19 symptoms may return to PCCD worksites or facilities 10 days following the last known close contact COVID-19 exposure.
b. Symptomatic Employees
Except as provided below, an employee who had a close contact COVID-19 exposure and developed one or more COVID-19 symptom may not return to PCCD worksites or facilities 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.
An employee who had a close contact COVID-19 exposure and developed one or more COVID-19 symptom may return earlier under each of the following conditions: (1) The employee tested negative for COVID-19 using a polymerase chain reaction (“PCR”) COVID-19 test with specimen taken after the onset of symptoms; (2) At least 10 days have passed since the last known close contact COVID-19 exposure; and (3) The employee has been symptom-free for at least 24 hours, without using fever reducing medications.
c. Critical Staffing Shortages
During critical staffing shortages, when there is an insufficient number of emergency response workers w, workers in such job classifications may return to PCCD worksites or facilities seven (7) days following the last known close contact COVID-19 exposure if they have received a negative PCR COVID-19 test result from a specimen collected five (5) days after the close contact COVID-19 exposure
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, PCCD requires that the employees not report to any PCCD worksite or facility 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 period shall be according to the applicable periods and criteria provided for in Section *, or as otherwise instructed by PCCD. .
6. Allowance by Cal/OSHA for an Employee to Return to Work
If there are no violations of state or local health officer orders related to the employee’s isolation or quarantine, PCCD 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 PCCD’s 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, PCCD will submit the written request to rs@dir.ca.gov. In the event of an emergency, PCCD may request a provisional waiver by contacting the local Cal/OSHA office while PCCD prepares the written waiver request.
The written waiver request must provide for the following information:
Employer name and business or service;
Employer point-of-contact name, address, email and phone number;
Statement that there are no local or state health officer orders for isolation or quarantine of the excluded employees;
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;
NumberofemployeesrequiredtobequarantinedundertheCal/OSHAregulation, and whether each was exposed to COVID-19 or tested positive for COVID-19; and
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 respiratory protection in the workplace.
In addition to submitting a request for a Cal/OSHA waiver, PCCD will develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employees at PCCD worksite or facility and, if isolation is not possible, the use of respirators in the workplace.