COVID-19 SAFETY PLAN

Approved: 1/27/2021

Amended: 4/6/2021, 8/11/2021, 2/10/2022, 8/12/2022

COVID-19 SAFETY PLAN

TABLE OF CONTENTS

Attachments
	
Description

Introduction

1
	
Plan for Safe In-Person Instruction and Continuity of Services

2
	
COVID-19 Prevention Program: Employees

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INTRODUCTION

Since the outbreak of COVID-19, the Clovis Unified School District (District) Governing Board and staff have taken and continue to take actions to address and respond to its impacts while continuing to provide a quality education for our students amidst the unprecedented challenges. The Board and District administration take seriously the safety and wellbeing of students and employees of the District and the community.

On January 27, 2021, the Board adopted Resolution No. 3802, approving the District’s COVID-19 Safety Plan to comply with: (1) the COVID-19 Prevention Emergency Temporary Standards approved by the California Division of Occupational Safety and Health (Cal/OSHA) effective on November 30, 2020; and (2) the Reopening In-Person Instruction Framework & Public Health Guidance for K-12 Schools in California, 2020-2021 School Year (CDPH Guidance) that the California Department of Public Health (CDPH) issued on January 14, 2021. The Cal/OSHA Regulations set forth health and safety standardsfor employees relating toCOVID-19. TheCDPH Guidance sets forth health and safety standards for K-12 schools in responding to the pandemic.

On April 7, 2021, the Board adopted Resolution No. 3811 and approved an amended COVID-19 Safety Plan. This amended COVID-19 Safety Plan reflected the CDPH Guidance as updated on March 20, 2021. It also contains provisions to comply, as applicable, with other laws, including but not limited to, the American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, as it relates to the development and implementation of public health protocols and a plan for the safe return to in-person instruction and continuity of services. The amended COVID-19 Safety Plan contained certain modifications regarding physical distancing for the District’s schools and other facilities, taking into consideration the guidance by the Centers for Disease Control and Prevention (CDC), CDPH, and the Fresno County Department of Public Health (FCDPH). This amended COVID-19SafetyPlanwas effective April6,2021and remained in effect until June 4, 2021 when the 2020-2021 school year ended.

Pursuant to Resolution No. 3811, the Board authorized the District’s Superintendent to modify the COVID-19 Safety Plan when a modification is required by any governmental bodies that are authorized to review/approve the COVID-19 Safety Plan or a modification is necessary to comply with applicable laws and regulations; orders, directives, and/or guidance of state and/or local health officers; and/or orders or directives of Cal/OSHA or other federal, state, or local authorities.

Subsequent to the Board’s adoption of Resolution No. 3811 on April 7, 2021, there were modifications to regulations, orders, and guidance at the federal and state level that impact the District’s COVID-19 Safety Plan. Due to these changes and pursuant to the authority granted by the Board in Resolution No. 3811, the Superintendent amended the District’s COVID-19 Safety Plan effective on August 11, 2021. The amended COVID-19 Safety Plan consisted of two parts: (1) COVID-19 Prevention Program: Employees, which meets the requirements in California Code of Regulations (CCR), Title 8, Section 3205 et seq. ; and (2) the Plan for Safe Return to In-Person Instruction and Continuity of Services, which meets the requirements under the ARP and the Interim Final Requirements. In addition, the provisions in the amended COVID-19 Safety Plan relating to masks set forth the District’s protocols on masking requirements and enforcement.

Pursuant to the Interim Final Requirements relating to the ARP, a local educational agency must periodically, but no less frequently than every six months, review and, as appropriate, revise its Plan for Safe Return to In-Person Instruction and Continuity of Services. An LEA is required to seek public input on whether to revise its plan and on any revisions to its plan.

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To comply with the six-month review requirement of the Interim Final Requirements, the District amended its COVID-19 Safety Plan, which amendment was effective February 10, 2022. The amended COVID-19Safety Planalso reflectedrequirements setforthin the COVID-19Prevention Emergency Temporary Standards that were in effect January 14, 2022 to May 5, 2022. (See 8 CCR 3205 et seq.; Executive Order N-5-22)

On April 21, 2022, the Occupational Safety and Health Standards Board approved the third readoption of the Emergency Safety Order for COVID-19 Prevention (CalOSHA Regulations), which became effective on May 6, 2022. The readopted CalOSHA Regulations include certain modifications that will remain in effect until December 31, 2022.

In addition, CDC has updated its recommendations and CDPH has issued an order and several guidance setting forth its requirements and recommendation relating to COVID-19 as they apply to school for the 2022 – 2023 school year.

To comply with the six-month review requirement of the Interim Final Requirements and make modifications to reflect the amended CalOSHA Regulations and updated CDPH requirements, the District herebymodifies its COVID-19 Safety Plan. This amended COVID-19 Safety Plan shall become effective on August 12, 2022 and shall remain in effect until such time as there is no requirement to maintain a COVID-19 safety plan or it is modified by the Superintendent as authorized in Board Resolution No. 3811 or is modified or rescinded by the Board.

If there is a conflict between any provision in this amended COVID-19 Safety Plan and any provision in applicable laws or regulations, gubernatorial executive orders, and/or public health orders, directives, or mandates, the provision in applicable laws or regulations, gubernatorial executive orders, and/orpublichealthorders, directives, andmandatesshall prevail and govern. This amended COVID-19 Safety Plan is subject to change to comply with applicable laws and regulations, gubernatorial executive orders, and public health orders, directives, or mandates.

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ATTACHMENT 1

SAFE IN-PERSON INSTRUCTION AND CONTINUITY OF SERVICES

PLAN FOR SAFE IN-PERSON INSTRUCTION AND CONTINUITY OF SERVICES

2022 – 2023 SCHOOL YEAR

Updated: 8/11/2021, 2/10/2022, 8/12/2022

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PLAN FOR SAFE IN-PERSON INSTRUCTION AND CONTINUITY OF SERVICES

INTRODUCTION

In-person instruction is critical for the education and well-being of students. The health and safety of students and staff remain a top priority for the 2022 - 2023 school year. It is for this reason that the District, in consultation with the Fresno County Department of Public Health (FCDPH), the local medical community, parents, students and staff, has continued to maintain and implement this Plan for Safe In-Person Instruction and Continuity of Services (Safety Plan).

2020 – 2021 School Year

The District recognizedthe importanceof in-personinstructionto student academic achievements and social, emotional, and physical health and well-being. This is the reason that the District brought students back toin-person instruction as soon as it was allowed to do so during the 2020-2021 school year.

Because of the District’s careful planning and preparation, District office and site office staff had been back to work in person since June 22, 2020, teachers have been on school campuses providing online instruction since August 10, 2020 and providing in-person instruction to students. Students with special needs received in-person instruction in small cohorts starting in September 2020.Starting in November 2020, approximately one-fourth of the District’s students were on campus and receiving in-person instruction and, by early February 2021, approximately half of the District’s students had returned to in-person instruction on campuses and continued through the end of the 2020 – 2021 school year. District office staff has remained on site throughout the summer and school site staff and teachers will return to campus for the 2021-2022 school year.

2021 – 2022 School Year

For the 2021 – 2022 school year, all students who wished to attend school in-person were able to do so. The District made independent study available for those students who wished to receive instruction through an alternative education program. Independent study was provided through the District’s Enterprise Independent Study School. Students were also able to receive non-classroom-based instruction from Clovis Online Charter School, a charter school authorized by the District’s Board.

Because the District had already held in-person instruction for students during the 2020-2021 school year, this Safety Plan continued many of the health and safety measures that were in place, with modifications to reflect changes in federal, state, and local laws, regulations, orders, and guidance.

2022 – 2023 School Year

Forthe2022-2023school year, all studentsareexpectedtoattendschoolin-person. Any student who wishes to receive instruction through independent study for the duration of the 2022-2023 school year will need to do so through Enterprise Independent Study School or Clovis Online School. To enroll at Clovis Online School, a student will need to disenroll from his/her current school.

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We now know more about COVID-19 and are in a better position to address health and safety concerns that may arise in school and school activities. This Safety Plan sets forth measures that will be in place during the 2022 – 2023 school year to provide a safe environment for students and staff. This Safety Plan shall be in effect for the 2022 - 2023 school year, subject to modifications as the District may from time to time make to comply with federal and state laws and regulations, and orders, directives, and mandates of federal, state, and local public health officials.

In updating this Safe Return Plan for the 2022 - 2023 school year, the District considered applicable laws, regulations, orders, and mandates set forth in guidance, including, but not limited to, the following:

1. Federal Government and CDC: Pursuant to the ARP, which President Biden signed on March 11, 2021, a local educational agency (LEA) that receives Elementary and Secondary Emergency Relief (ESSER) funds under the ARP must develop and make publicly available on the LEA’s website a plan for the safe return to in-person instruction and continuity of services. An LEA that developed a school reopening and continuity of services plan prior to March 11, 2021 and that meets the requirements for public comment will be deemed in compliance but, within no more than six months, the LEA must review and, if necessary, revise the plan for safe return to in-person instruction and continuity of services to meet the requirements of the interim final requirements (Interim Final Requirements) issued on April 22, 2021. Because the District adopted its COVID-19 Safety Plan in January 2021 and amended it in April 2021 and February 10, 2022, the District has a plan that complies with the ARP. This amended COVID-19 Safety Plan meets the Interim Final Requirements.

Under the Interim Final Requirements, an LEA plan for safe return to in-person instruction and continuity of services must describe how the LEA will maintain the health and safety of students, educators, and other staff and the extent to which it has adopted policies, and a description of any such policies, on each of the prevention and mitigation strategies recommended by the Centers for Disease Control and Prevention (CDC). The plan must also describe how an LEA will ensure continuity of services, which must address students’ academicneedsand students’ andstaff social, emotional,mentalhealth,and otherneeds, and which may include student health and food services. In addition, the LEA must regularly, but no less frequently than every six months (taking into consideration the timing of significant changes to CDC guidance on reopening schools), review and, as appropriate, revise its plan for the safe return to in-person instruction and continuity of services, and must seek and take public input into account in determining whether and what revisions are necessary.

Pursuant to the ARP and the Interim Final Requirements, a revised plan for safe return to in-person instruction and continuity of services must address CDC recommendations for K-12 schools on COVID-19. The Interim Final Requirements, however, do not mandate that an LEA adopt the CDC guidance but only require that the LEA describe in its plan for safe return to in-person instruction and continuity of services the extent to which the LEA has adopted the key prevention and mitigation strategies identified in the CDC guidance.

On August 5, 2021, the CDC updated its guidance for K-12 schools, Guidance for COVID-19 Prevention in K-12 Schools (CDC K-12 Guidance). The guidance sets forth recommendations for mitigation measures for COVID-19. In its guidance, CDC states:

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“This CDC guidance is meant to supplement – not replace – any federal, state, local, territorial, or tribal health and safety laws, rules, and regulations with which schools must comply. Theadoption and implementation ofthisguidance should bedonein collaboration with regulatory agencies and state, local, territorial, and tribal public health departments, and in compliance with state and local policies and practices.”

The CDC recently updated the CDC Guidance for K-12 Schools on May 27, 2022 and August 11, 2022. The current guidance sets forth COVID-19 prevention strategies and other considerations for K-12 schools.

2. State, Governor, and CDPH: Governor Newsom and the CDPH modified many of the requirements related to COVID-19 as a result of increased vaccination and a decrease in the number of COVID-19 cases, and to align California guidance with those of CDC. In particular, on June 15, 2021, Governor Newsom terminated the executive orders that impose a stay home order and the Blueprint for a Safer Economy. He also phased out the majority of executive actions that have been in effect since March 2020 as part of the pandemic response.

Pursuant to Education Code section 32091(b), which was passed as part of Assembly Bill 86 effective July 9, 2021, every local educational agency and private school offering in-person instruction for kindergarten or any of grades 1 to 12, inclusive, shall post a completed COVID-19 safety plan on its internet website home page. To comply with this requirement,the District has developed this COVID-19 Safety Plan and it has been posted on the District’s website.

On March 19, 2020, the CDPH issued a State Public Health Officer Order on certain requirements related to COVID-19. The Order has been updated throughout the pandemic, the most recent update was on June 8, 2022. As updated, the Order requires that all individuals must continue to follow the requirements in: (1) CDPH’s Guidance for the Use of Face Coverings; (2) CDPH’s Mega Events in the Beyond the Blueprint for Industries and Business Sectors; (3) COVID-19 Public Health Guidance for K-12 Schools in California; and (4) COVID-19 Public Health Guidance for Child Care Programs and Providers.

CDPH’s Guidance for the Use of Face Masks (CDPH Face Mask Guidance) was recently updated on April 20, 2022. Pursuant to the current CDPH Face Mask Guidance, face masks are not required to be worn indoors or outdoors at school. CDPH strongly recommends that individuals, regardless of vaccine status, wear masks indoors in public settings and businesses, on public transit, and in transportation hubs. The CDPH Face Mask Guidance requires that businesses and venue operators, including K-12 school and childcare settings, must allow any individual to wear a mask if they desire to do so.

CDPH’s COVID-19 Public Health Guidance for K-12 Schools to Support Safe In-Person Learning, 2022 - 2023 School Year (CDPH K-12 Guidance) was updated on June 30, 2022. The updated CDPH K-12 Guidance is effective July 1, 2022 and contains CDPH recommendations regarding facemasking, testing, and othermeasures related toCOVID-19. It requires that no person can be prevented from wearing a mask as a condition of participation in an activity or entry into a school, unless wearing a mask would pose a safety hazard (e.g., watersports). It also requires schools to develop and implement local protocols to provide masks to students who desire to wear a mask but inadvertently fail to

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bring one to school.

The provisions in this amended COVID-19 Safety Plan as well as other documents the District may develop and actions the District may take constitute the District’s protocols.

3. Cal/OSHA: On June 17, 2021, Cal/OSHA amended regulations that set forth safety measures relating to COVID-19 for employees. The amended Cal/OSHA regulations required that employers establish, implement, and maintain a COVID-19 Prevention Program, which is a part of the District’s COVID-19 Safety Plan.

Revised Cal/OSHA regulations became effective January 14, 2022 through May 5, 2022. (See 8CCR §§3205–3205.4;Executive OrderN-84-20; Executive OrderN-5-22.) These revised regulations continued to require that employers establish, implement, and maintain a COVID-19 Prevention Program, which is part of the District’s COVID-19 Safety Plan.

On April 21, 2022, the Occupational Safety and Health Standards Board approved the third readoption of the Emergency Safety Order for COVID-19 Prevention (CalOSHA Regulations), which became effective on May 6, 2022. The readopted CalOSHA Regulations include certain modifications that will remain in effect until December 31, 2022. The CalOSHA Regulations continue to require that employers establish, implement, and maintain a COVID-19 prevention program. (8 CCR 3205(c))

COVID-19 Safety Plan Development and Updates

Throughout the COVID-19 pandemic, the District has developed and continues to maintain and implement a COVID-19 Safety Plan that sets forth measures and protocols for the health and safety of students and staff. As stated above, the CalOSHA Regulations require that the District establish, implement, and maintain aCOVID-19 prevention program. Pursuant totheInterim Final Requirements, the District is required, until September 30, 2023, to review the COVID-19 Safety Plan at least every six months.

1. Development of Safe Return Plan/COVID-19 Safety Plan. This Safe Return Plan, as initially developed in October 2020 in the form of the School Reopening Plan, used input and feedback collected in District, area, and school site meetings with parents and staff; surveys; employee and parent forums with members of the medical community; meetings with the District’s employee groups Faculty Senate (teachers), CSEA (operations unit) and Classified Unit Business Support Senate (CUBSS), and multiple public meetings at which the District’s Board received updates and discussed plans for on-site instruction. In addition, from May to July 2020, a task force of close to 100 employees from all sectors of the District worked to process and develop a return to campus plan, which forms the basis for the initial plan. Information about the process for development of the initial plan and opportunities for feedback were also shared with the District’s community by email, text, push notifications in the District’s app, websites, social media channels (including Facebook, Instagram and Twitter), video blogs, CUSD Today mailed into every staff and parent household, andthe local media.

2. August 11, 2021 Amended COVID-19 Safety Plan. Input and feedback were obtained from District staff, parents, and community members in amending the COVID-19 Safety Plan on August 11, 2021. This included reviewing the proposed amended COVID-19 Safety Plan in

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open session during the regular board meetings on July 21, 2021 and August 11, 2021 and the special board meeting on July 29, 2021, and providing staff, employee groups, parents, students, and members of the public with the opportunity to comment on the plan; posting the proposed amended COVID-19 Safety Plan on the District’s website in order to receive commentsonit;andreviewingand obtaininginputfromstaffregardingtheproposed amended COVID-19 Safety Plan. Communication regardingthe proposed plan was sent to every parent and staffmember onFriday, July 30, 2021. The amended COVID-19 Safety Plan incorporated comments and input that were received.

3. February 10, 2022 Amended COVID-19 Safety Plan. The COVID-19 Safety Plan was amended onFebruary 10,2022to comply withthesix-month reviewrequirementof theInterim Final Requirements and make modifications to reflect applicable laws, regulations, gubernatorial executive orders, CDC guidance, and state and local public health orders and guidance. The District also considered its health and safety protocols, measures, and practices in light of the continuously evolving COVID-19 pandemic. Moreover, the District considered and sought the input of District staff, parents, and community members. This included posting the COVID-19 Safety Plan between January 21, 2022 and February 8, 2022 on the District’s website and allowing staff, parents, and the community to submit comments and input, including the COVID-19 Safety Plan as part of the board agenda for the February 2, 2022 board meeting to allow for public review, and reviewing the COVID-19 Safety Plan in open session at the February 2, 2022 board meeting. The COVID-19 Safety Plan also considered and incorporated certain comments received from an employee group. The amended COVID-19 Safety Plan incorporated comments and input that were received.

4. Current Amended COVID-19 Safety Plan. To comply with the six-month review requirement of the Interim Final Requirements and make modifications to reflect the amended CalOSHA Regulations and updated CDPH requirements and take into consideration CDC recommendations, the District hereby modifies its COVID-19 Safety Plan. This amended COVID-19 Safety Plan shall become effective on August 12, 2022 and shall remain in effect until such time as there is no requirement to maintain a COVID-19 safety plan or it is modified by the Superintendent as authorized in Board Resolution No. 3811 or is modified or rescinded by the Board.

As the knowledge regarding COVID-19 has evolved, the District has continuously monitored and adjusted the response in accordance with applicable laws, regulations, orders, and guidance at the federal, state, and local levels. Updates to this COVID-19 Safety Plan are for the purpose of complying with such laws, regulations, orders, and guidance and for the health and safety of the District’s staff and students.

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PLAN FOR SAFE RETURN TO IN-PERSON INSTRUCTION AND CONTINUITY OF SERVICES

LEA Name: Clovis Unified School District (District)

Option for ensuring safe in-person instruction and continuity of services:

Has developed a plan	Will amend its plan

1. Please choose one:

 The LEA had a plan, as of March 11, 2021, that is already compliant with the ARP statute and will review and, as appropriate, revise it every six months to take into consideration the additional requirements of the IFR; or

NOTE: If your LEA already has a compliant plan as of March 11, 2021, and has assured such by checking the box above, then you may skip questions 2-4 and complete the Assurance and Contact sections.

☐ The LEA has amended/created a plan compliant with the IFR using this template and has posted/will post it within 30 days of completing the ESSER III Assurances.

NOTE: If checking the box above that you are using this template to meet the 30 day plan requirements, you must respond to each question in the template.

Please note whether the LEA has a compliant plan and include a link to the plan, or acknowledge that the LEA is submitting a new plan and will post it within 30 days of receiving funds: The District has a compliant plan, which can be accessed on the District’s website: https://www.cusd.com/2022-23SchoolYear.aspx.

2. The LEA will maintain the health and safety of students, educators, and other school and LEA staff, and the extent to which it has adopted policies, and a description of any such policies, on each of the CDC’s safety recommendations, including: universal and correct wearing of masks; modifying facilities to allow for physical distancing; handwashing and respiratory etiquette; cleaning and maintaining healthy facilities, including improving ventilation; contact tracing in combination with isolation and quarantine, in collaboration with the State, local, territorial, or Tribal health departments; diagnostic and screening testing; efforts to provide vaccinations to school communities; appropriate accommodations for children with disabilities with respecttohealthandsafetypolicies;andcoordination withStateandlocal healthofficials.

Describe how the LEA will maintain, or continue to maintain, health and safety policies and procedures. Include a description of any adopted policies and procedures regarding the CDC’s safety recommendations (or available LEA website links to such policies). Include descriptions of appropriate accommodations adopted and coordination efforts conducted with outside State and local health officials. Please include or describe current public health conditions, applicable State and local rules and restrictions, and other contemporaneous information that informs your decision-making process.

See Addendum – Safe In-Person and Continuity of Services

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3. The LEA will ensure continuity of services, including but not limited to services to address students’ academic needs and students’ and staff social, emotional, mental health and other needs, which may include student health and food services.

Describe how the LEA will ensure continuity of services in case isolation, quarantine, or future school closures are required, including how the LEA will meet the needs of students with disabilities and English learners.

See Addendum – Safe In-Person and Continuity of Services

4. The LEA sought public comments in the development of its plan and took those comments into account in the development of its plan.

Describe the LEA’s policy or practice that provided the public with an opportunity to provide comments and feedback and the collection process. Describe how any feedback was incorporated into the development of the plan.

August 11, 2021 Amended COVID-19 Safety Plan: Feedback was collected through numerous site-based and district-wide in-person and online meetings, online comment forms available through the District and school websites, and through public comment at Governing Board meetings. Parents/guardians, staff and employee groups, students, healthcare providers, and the community were all provided opportunity through these avenues to provide feedback for consideration.

February 10, 2022 Amended COVID-19 Safety Plan: The District has considered and sought the input of District staff, parents, and communitymembers. This included posting the COVID-19 Safety Plan between January 21, 2022 and February 8, 2022 on the District’s website and allowing staff, parents, and the community to submit comments and input, including the COVID-19 Safety Plan as part of the board agenda for the February 2, 2022 board meeting to allow for public review, and reviewing the COVID-19 Safety Plan in open session at the February 2, 2022 board meeting. The COVID-19 Safety Plan also considered and incorporated certain comments received from an employee group. The amended COVID-19 Safety Plan incorporated comments and input that were received.

Current Amended COVID-19 Safety Plan: The District has considered and sought the input of District staff, parents, and community members. This includes posting this COVID-19 Safety Plan on the District’s website and allowing staff, parents, and the community to submit comments and input. This amended COVID-19 Safety Plan incorporates comments and input that were received.

In addition, the LEA provides the following assurances:

 a. The LEA has made (in the case of statutorily compliant plans) or will make (in the case of new plans) its plan publicly available no later than 30 days after receiving its ARP ESSER allocation.

Please insert link to the plan: https://www.cusd.com/2021-22SchoolYear.aspx.

 b. The LEA sought public comment in the development of its plan and took those public comments into account in the development of its plan.

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 c. The LEA will periodically review and, as appropriate, revise its plan, at least every six months.

 d. The LEA will seek public comment in determining whether to revise its plan and, if it determines revisions are necessary, on the revisions it makes to the plan.

 e. If the LEA revises its plan, it will ensure its revised plan addresses each of the aspects of safety currently recommended by the Centers for Disease Control (CDC), or if the CDC has revised its guidance, the updated safety recommendations at the time the LEA is revising its plan.

 f. The LEA has created its plan in an understandable and uniform format.

 g. The LEA’s plan is, to the extent practicable, written in a language that parents can understand, or if not practicable, orally translated.

 h. The LEA will, upon request by a parent who is an individual with a disability, provide the plan in an alternative format accessible to that parent.

The following person or persons is/are the appropriate contact person for any questions or concerns about the aforementioned plan. Please list name(s), title(s), address, county, and contact information for the person or persons responsible for developing, submitting, and amending the LEA plan.

Barry Jager
Associate Superintendent of Human Resources
1450 Herndon Ave. Clovis, CA 93611 Fresno County

Roxanne Braswell
Chief Human Resources Officer 1450 Herndon Ave.
Clovis, CA 93611 Fresno County

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ADDENDUM TO
SAFE IN-PERSON AND CONTINUITY OF SERVICES

1. FACE COVERING/MASKS

District employees and students, and all volunteers and visitors shall comply with federal, state, and local orders and mandates relating to the wearing of face masks.

Pursuant to CDPH’s Guidance for the Use of Face Masks, dated April 20, 2022, no person shall be prevented from wearing a mask as a condition of participation in an activity or entry into a school, unless wearing a mask would pose a safety hazard (e.g., watersports). Each school shall have available facemasks forany District students whodesire to use a facemask but inadvertently fail to bring one.

The Superintendent or designee shall provide information regarding the face covering requirements that are in effect and the exemption, if applicable, to parents/guardians, students, District employees, volunteers, and visitors. When face covering requirements change, the Superintendent ordesignee shall provide information regarding the change. Such communications may include, but are not limited to, one or more of the following: posting information on the District’s website, emailing such information, and/or sending such communication in writing.

2. PHYSICAL DISTANCING

Unless required by applicable laws, regulations, orders, directives, or guidance, physical distancing is not required. The District reserves the right to require physical distancing in certain situations in the event conditions relating to COVID-19 changes and physical distancing is determined by the Superintendent or designee to be an appropriate mitigating measure.

3. HANDWASHING AND RESPIRATORY ETIQUETTE

Healthy hygiene practices are implemented, including the following:

◼ Hand sanitizers are available and are encouraged to be used as needed.

◼ Regular hand washing is encouraged throughout the school day.

◼ Soap and hand sanitizer are restocked regularly in classrooms, bathrooms, and common areas.

◼ Signage is placed throughout campuses promoting healthy hand hygiene and hand-washing practices, and depicting proper hand-washing and healthy hand hygiene.

4.	CLEANING AND MAINTAINING HEALTH FACILITIES/VENTILATION

Cleaning and disinfecting of surfaces will occur on a regular basis as scheduled by the District’s custodians.

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5. CONTACT TRACING, ISOLATION, AND QUARANTINE

5.1 Contact Tracing

Each site’s health office staff has been trained by the FCDPH in contact tracing and are designated as COVID-19 liaisons to act as the communication point for all COVID-19 concerns. Responsibilities include managing and supporting contact tracing; assisting the site principal in notifying exposed persons; creating and maintaining a database of exposed students and staff as required by applicable laws, orders, or mandates; and communicating with and submitting lists of exposed students and staff to the FCDPH as required by applicable laws, orders, or mandates.

Staff: All District staff are required each workday to state the location(s) where they will be working and whether and what, if any, COVID-19 symptoms they may have. This allows for contact tracing of possible COVID-19 spread.

Student: Contact tracing shall be coordinated in close cooperation with District nursing staff and site staff, and the FCDPH as appropriate.

5.2 Isolation and Quarantine: Students and District staff shall isolate and quarantine in accordance with the requirements that are in effect. The Superintendent or designee shall provide information regarding the isolation and quarantine requirements that are in effect to parents/guardians, students, and District employees. When isolation and quarantine requirements change, the Superintendent or designee shall provide information regarding the change. Such communications may include, but are not limited to, one or more of the following: posting information on the District’s website, emailing such information, and/or sending such communication in writing.

5.3 Communication After COVID-19 Case Occurs:

In addition to following standard contact tracing and quarantine guidelines, if the District is notified of an employee or student who has tested positive, employees are notified on a site or department level that a positive case has been reported.

Template notifications have been developed that comply with FERPA and HIPAA and distribution as identified through contact tracing protocols are coordinated through the District’s Human Resources and Nursing Services offices.

Employees: The following process occurs in the case of a positive COVID-19 test of a District employee:

◼ The employee with a positive COVID test or symptoms contacts his/her immediate supervisor.

◼ The supervisor and employee identify those in close contact with the employee in the last 48 hours. (Refer to COVID-19 Quarantine Guidelines chart (available: https://www.cusd.com/2022-23SchoolYear.aspx)

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◼ The supervisor contacts Nursing Department or site School Nurse for contact tracingto determine appropriate isolation period for employeeand determine if any staff needs notification of close contact exposure.

◼ Director or principal or designee will communicate tostaff membersthat may have had close contact exposure as determined by contact tracing, which may include attendance records.

Students:In thecaseof apositive COVID-19testofa Districtstudent,appropriate notifications will be provided to parents/guardians if their children were in close contact with an individual who has tested positive for COVID-19.

6. DIAGNOSTIC AND SCREENING TESTING

Screenings for COVID-19 include the following:

a. All students are to be screened at home for COVID-19 symptoms each day before entering school grounds. The District will not be conducting temperature checks at school.

b. Staff complete a daily screening tool on their computers or other devices to identify COVID-19 symptoms. Staff with any identified COVID-19 symptoms and/or a temperature of 100.4° F or higher are sent home immediately until testing and/or medical evaluation has been conducted.

c. All school sites have an identified isolation area with a separate entrance and staff will separate any student who has COVID-19 symptoms while on campus.

d. Students with any identified COVID-19 symptoms and/or a temperature of 100.4° F or higher will be sent home immediately for quarantine in accordance with requirements that are in effect. Students in the same household of a student shall follow applicable requirements related to quarantining. Parents will be immediately notified if a student presents with symptoms while on campus and be required to pick up the child within 30 minutes, or sooner when possible. Students sent home with symptoms must meet the criteria for return-to-school.

District staff and students who have symptoms of COVID-19 will be encouraged to seek guidance from their healthcare provider and follow their guidance for testing.

The Superintendent or designee shall provide information regarding the District’s process for diagnostic and screening testing and the criteria to return to school to parents/guardians, students, and District employees. When these requirements change, the Superintendent or designee shall provide information regarding the change. Such communications may include, but are not limited to, one or more of the following: posting information on the District’s website, emailing such information, and/or sending such communication in writing.

7. SUPPORT AND ENCOURAGEMENT OF VACCINATION

District staff have, and will continue to, encourage vaccinations for all eligible employees, students, and community members. District staff have also provided multiple vaccination opportunities through partnerships with local health agencies and District health personnel.

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Additional vaccination opportunities facilitated by the District for the community and students will be promoted throughout the school year.

8. ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES

Services for students with disabilities shall be provided in accordance with their individualized educational plan.

9. COORDINATION WITH STATE AND LOCAL HEALTH OFFICIALS

District staff will continue to work closely with all new laws, orders, and guidance that come from stateandlocal health officials. Attendanceatall local meetingswithstateandlocal health officials will keep the District updated on the most current information.

Identification and Reporting of Positive Cases. The District reports information about COVID-19 cases, and provides related information as requested, to the FCDPH and other governmental agencies, including Cal/OSHA, as required by law.

10. OTHER PREVENTIVE AND SAFETY MEASURES

a. Independent Study Option. A long-term independent study option (15 or more cumulative school days in a school year) is available at Enterprise Independent Study School or Clovis Online School for students who request it.

b. Volunteers and Visitors.

◼ Schools should limit nonessential visitors and activities in the classroom when the Superintendent or designee determines that conditions related to COVID-19 make the limitations appropriate. At such time, the Superintendent or designee will communicate the nature and duration of the limitations.

◼ All volunteers shall be in accordance with Board Policy and Administrative Regulation No. 1240 – Volunteer Assistance and the District’s protocols relating to COVID-19.

◼ Volunteers in classrooms may be limited when the Superintendent or designee determines that conditions related to COVID-19 make the limitations appropriate. At such time, the Superintendent or designee will communicate the nature and duration of the limitations.

◼ Any volunteers who are at a school campus supporting school functions must comply with public health laws, orders, and guidance, including but not limited to, the requirements for vaccination and testing under State Public Health Order of August 11, 2021, as may be amended from time to time.

◼ All volunteers and visitors must comply, as applicable, laws, orders, and mandates regarding face masks.

◼ All visitors must enter the main building entrance when visiting a District school site.

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◼ Visitors are highly encouraged to schedule appointments in advance of arrival; walk-in visitors are seen based on availability and at the discretion of the school.

◼ All visitors and substitutes are expected to self-screen for COVID-19 before entering a school campus or other District facilities.

◼ Before entering any District building or school site, visitors are expected to answer the health questions posted at main entrances or through other means.

◼ The front reception contacts the District staff prior to allowing visitors to enter a work area.

c.	Staff Training and Family Education: A complete communication plan related to educating staff and families on the District’s safety plan is available through multiple communication channels and messages. Video messages are translated into Hmong, Spanish, Arabic and American Sign Language, and printed documents are also available in translated versions. The District’s websites are also available in multiple languages.

The District has continued to provide information to parents and District staff regarding health and safety measures that are in place relating to COVID-19.

A comprehensive Return to School Health and Safety Plan has been developed (available: https://www.cusd.com/2022-23SchoolYear.aspx ) and was communicated by email, the District and school sites apps and websites, video messages from the Superintendent delivered by email, website, local media and app push notifications, and individual site-based meetings for staff members and parents. The Plan discusses: (1) instructional options for families, (2) campus safety, (3) student and staff health, (4) preschool and before/after school programs, (5) school meals, (6) transportation, (7) a healthy workplace, and (8) students with special needs. The information in the Return to School Health and Safety Plan is continuously updated to reflect changing conditions and developments.

Throughout the pandemic, videos outlining the health and safety guidelines students and staff were produced and disseminated using the above-referenced channels. Each school site also presented customized presentations for parent communities specific to the school in which parents and students were trained on the implementation of health and safety protocols on campus. The video and presentations will be updated and disseminatedforthe2022-2023schoolyearandwillbemadeavailable tothecommunity and updated as needed.

CUSD Staff

◼ COVID-19 Online trainings: All District staff have been required to and completed the following three trainings regarding COVID-19 during the 2020-2021 school year:
○ How to Protect Yourself and Others.
○ How to Clean and Disinfect Your School.
○ Employee Acknowledgement 2020-21 Return to School Health and Safety Plan.

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For the 2021-2022 school year, employee training included, but were not limited to the following:
o COVID 19 - Help Stop the Spread.
o COVID 19 - How to Protect Yourself and Others.
o Employee Acknowledgement - 2021-22 Return to School Health and Safety Plan.

For the 2022-2023 school year, employee training, subject to change, will include but are not limited to the following:
o COVID 19 - Help Stop the Spread.
o COVID 19 - how to Protect Yourself and Others.
o Employee Acknowledgement - 2022-23 Return to School Health and Safety Plan.

◼ Self-monitoring health screening must be completed by each District staff daily on their computers or other devices.

◼ Staff are trained and supported by site and District administration on the enforcement of health and safety guidelines such as proper use of PPE, face coverings, the wearing of face coverings by students who wish to do so, and parents keeping their children home if they are exhibiting symptoms of COVID-19.

d. Communication to Parents and Students Before Start of 2022-2023 School Year: Since July 16, 2020, theDistrict has maintained and updated a portion of its website solely devoted to its Return to School Health and Safety Plan in place to mitigate the spread of COVID-19 (https://www.cusd.com/2022-23SchoolYear.aspx ). This website is continually updated and will include this Safety Plan. It has been and will again be shared with all staff and families by email, video message, and through the District’s social media channels. In addition, issues of CUSD Today (a community newspaper mailed monthly into the households of every employee and family of the District) and 2 Minutes Today (a video blog emailed and posted online) have been devoted to the topic.

After each meeting of the District’s Governing Board at which health and safety plans are discussed, updates are sent to all employees, with parents receiving messages from Superintendent Eimear O’Brien with updates and resources. At any point that evolving direction from state or local health officials impacts the District’s COVID-19 Safety Plan, staff and parents are updated by email, with reminders and updates also sent via app push notifications and the District’s social media channels.

Plans include descriptions ofhow theDistrict is meeting health andsafetyguidelines, what schedules look like, and how contact tracing, isolation of ill students/staff, and notification systems would work in the event of a positive case on a campus.

Open meetings of the District’s Governing Board are recorded and broadcasted via the District’s YouTube channel. Additionally, every school site has held and will disseminate information through presentations to local neighborhood school communities for staff and families.

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11. ENSURING CONTINUITY OF SERVICES

As we enter the third school year under the cloud of the COVID-19 pandemic, the District recognizes the importance of not only continuing existing services but developing strategies and action plans to make sure students become stronger and are prepared for the outside world.

The District believes that in-person instruction is critical to the learning and well-being of students. Because of this, students are expected to be at school and receive in-person instruction during the 2022 – 2023 school year. Students will also be provided opportunities to participateandengagein co-curricularandextra-curricular activities,aswellas otherschool events.

For those students who desire to receive their instruction through independent study during the 2022 – 2023 school year, the District’s plan includes, but is not limited to, the following:

a. Independent Study: Independent study on a long-term basis (15 or more cumulative days during a school year) is available for students who desire to receive their instruction through this alternative education option. Additional information regarding independent study is set forth in Board Policy and Administrative Regulation No. 6258 – Independent Study.

b. Clovis Online Charter School: Students may receive their instruction through independent study by enrolling at Clovis Online School, a charter school authorized by the District’s Governing Board. Enrolling at Clovis Online School will require a student to disenroll from the student’s current school.

In addition, the District will provide increased access to mental health check-in and support, increased access and opportunities for academic intervention, continue to provide free meals to students, implement re-engagement strategies for students on independent study where required by law, and increased access to counselors for academic, social, and emotional support.

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ATTACHMENT 2

COVID-19 PREVENTION PROGRAM: EMPLOYEES

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COVID-19 PREVENTION PROGRAM: EMPLOYEES

AS MANDATED BY:

California Code of Regulations, Title 8, Sections 3205, 3205.1, 3205.2, 3205.3, 3205.4

Approved Effective: 1/27/2021
Amended Effective: 4/6/2021, 8/11/2021, 2/10/2022, 8/12/2022

COVID-19 PREVENTION PROGRAM: EMPLOYEES

TABLE OF CONTENTS

1.	Authority and Responsibility .............................................................................................1 2.	Identification and Evaluation of COVID-19 Hazards .........................................................2 3.	Correction of COVID-19 Hazards.....................................................................................3 4.	Control of COVID-19 Hazards..........................................................................................3 5.	Investigating and Responding to COVID-19 Cases..........................................................5 6.     System for Communicating...............................................................................................7 7.     Training and Instruction………………………………………………………………………… 7 8.     Exclusion of COVID-19 Cases..........................................................................................9 9.     Reporting, Recordkeeping, and Access............................................................................9 10. Return-to-Work Criteria...................................................................................................10

APPENDIX A: IDENTIFICATION OF COVID-19 HAZARDS..................................................11 APPENDIX B: COVID-19 INSPECTIONS..............................................................................13 APPENDIX C: INVESTIGATING COVID-19 CASES.............................................................14 APPENDIX D: COVID-19 TRAINING ROSTER…………………………………………………..15 APPENDIX E: MULTIPLE COVID-19 INFECTIONS AND COVID-19 OUTBREAKS..............16 APPENDIX F: MAJOR COVID-19 OUTBREAK.....................................................................18 APPENDIX G: DEFINITIONS ………………………………………………………………………19

COVID -19 PREVENTION PROGRAM: EMPLOYEES

Throughout the COVID-19 pandemic, employees of Clovis Unified School District (District) remained dedicated and worked to educate students despite all of the challenges and uncertainties of the pandemic. We expect that District employees will have the same dedication and continue their work in educating students during the 2022 - 2023 school year. To carry out these critical tasks, the Governing Board and District administration recognize the importance of maintaining a safe work environment.

This COVID-19 Prevention Program (CPP) is designed to control exposures to the SARS-CoV-2 virus (COVID-19) that may occur in the workplace. This CPP is hereby established and will be implemented and maintained pursuant to Title 8 of the California Code of Regulations (CCR) sections 3205 et seq. (Cal/OSHA Regulations). Terms used in this CPP shall have the same meaning as defined in 8 CCR § 3205, see Appendix G - Definitions. Except as specifically stated, all references in this CPP to regulations are to Title 8 of the California Code of Regulations.

The District’s Governing Board approved this CPP as part of the District’s COVID-19 Safety Plan through the adoption of Board Resolution No. 3802 on January 27, 2021. The Governing Board amended this CPP as part of the District’s amended COVID-19 Safety Plan through the adoption of Board Resolution No. 3811 on April 7, 2021. As authorized by Board Resolution No. 3811, the District’s Superintendent amended this CPP on August 11, 2021 and February 10, 2022 to reflect amendments to the Cal/OSHA Regulations.

Revised Cal/OSHA Regulations became effective January 14, 2022 through April 14, 2022. (See 8 CCR §§ 3205 – 3205.4; Executive Order N-84-20, dated December 14, 2020.) Pursuant to Executive Order N-5-22, the revised CalOSHA Regulations were in effect until May 5, 2022.

On April 21, 2022, the Occupational Safety and Health Standards Board approved the third readoption of the CalOSHA Regulations, which became effective on May 6, 2022. The readopted CalOSHA Regulations included certain modifications that will remain in effect until December 31, 2022. The CalOSHA Regulations also continue to require that employers establish, implement, and maintain a COVID-19 prevention program.

As authorized by Board Resolution No. 3811, the District’s Superintendent hereby amends this CPP effective August 12, 2022 to reflect the amendments to the Cal/OSHA Regulations. This amended CPP shall become effective on August 12, 2022 and remain in effect until such time as there is norequirementto maintain a COVID-19safety plan or it is modifiedby the Superintendent as authorized in Board Resolution No. 3811 or is modified or rescinded by the Board. This CPP is subject to change in order to comply with applicable laws and regulations, gubernatorial executive orders, and public health orders, directives, and/or guidance.

1. AUTHORITY AND RESPONSIBILITY

The Superintendent anddesignees stated below have the overall authority and responsibility for implementing the provisions of this CPP at the District. In addition, all principals, managers, and supervisors are responsible for implementing and maintaining this CPP at their assigned work areas and for ensuring employees receive answers to questions about this CPP.

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The Superintendent has designated a CPP Officer for the specific implementation of the elements of this CPP. The CPP Officer for the District is:

Barry Jager
Associate Superintendent Human Resources barryjager@cusd.com 559-327-9308

All employees are responsible for using safe work practices, following all directives and policies, and assisting in maintaining a safe work environment.

The District’s COVID-19 policies and procedures shall include the COVID-19 Safety Plan (which includes this CPP) and other District documents setting forth requirements and procedures to implement the COVID-19 Safety Plan, applicable laws and regulations, and requirements under federal, state, and local public health officer orders and guidance. If there is a conflict between any provision in this CPP and any provision in other District documents, the provision in this CPP shall govern as to District employees. If there is any conflict between any provision of this CPPand any provisionintheCal/OSHARegulations, theprovisionin theCal/OSHARegulations shall govern and apply as to District employees.

2. IDENTIFICATION AND EVALUATION OF COVID-19 HAZARDS (8 CCR § 3205(c)(2))

2.1 Identification and Evaluation Strategies. The District	shall implement the following identification and evaluation strategies:

a. Conduct workplace-specific evaluations using the Appendix A: Identification of COVID-19 Hazards form.

b. Evaluate employees’ potential workplace exposures to all persons at or who may enter a District facility.

c. Review applicable orders and guidance from the State of California and the local health department related to COVID-19 hazards and prevention.

d. Evaluate existing COVID-19 prevention controls at the workplace and the need for different or additionalcontrols.

e. Conduct periodic inspections using the Appendix B: COVID-19 Inspections form as needed to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with the District’s COVID-19 policies and procedures.

2.2 Employee participation: Employees and their authorized employees’ representatives are encouraged to participate in the identification and evaluation of COVID-19 hazards by contactingtheirsupervisorortheprincipal at theschool site. Inaddition, District Administration may also be contacted at the District Office.

2.3 Employee screening

a. Each workday, each employee must submit an electronic wellness check. This wellness check will be used as a guide to determine if the employee continues to work or will be

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sent home based on the scenarios below.

b. Employees must check their own temperature each day prior to coming to work. Any temperature of 100.4 degrees Fahrenheit or higher is defined as a fever.

c. Daily electronic assessment forms will be utilized.

2.4 Ventilation: The District evaluated how to maximize ventilation with outdoor air to the highest level of filtration efficiency compatible with the existing ventilation system; 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.

3. CORRECTION OF COVID-19 HAZARDS (8 CCR § 3205(c)(4))

Unsafe or unhealthy work conditions, work practices, policies, and/or procedures will be documented on the Appendix B: COVID-19 Inspection form and corrected in a timely manner based on the severity of the hazards, as follows:

a. The severity of the hazard will be assessed and correction time frames assigned, accordingly. Appropriate work orders, procedures, or other mitigation strategies will be implemented within the assigned time frames.

b. The CPP Officer designated by the Superintendent is responsible for timely correction.

c. Follow-up measures will be taken by the CPP Officer or designee to determine if the mitigation strategies have been effective.

4. CONTROL OF COVID-19 HAZARDS

4.1 Face Coverings (8 CCR § 3205(c)(6))

a. Each District site shall provide face coverings and ensure they are worn by employees when requiredbyordersfromtheCDPH. Face covering must be worn in accordance with 8 CCR § 3205(c)(6) unless required otherwise by other laws, regulations, orders, directives, or requirements of federal, state, or local governments or public health officials. Face coverings must be clean and undamaged and be worn over the nose and mouth. Employees may provide their own face coverings. Face shields are not a replacement for face coverings, although they may be worn together for additional protection.

b. When employees are required to wear face coverings under the Cal/OSHA Regulations, the following exceptions apply:

i.	When an employee is alone in a room or vehicle.

ii. Whileeatingordrinkingattheworkplace,providedemployeesareatleast6feetapart and, if indoor, outside air supply to the area has been maximized to the extent feasible.

iii. Employees wearing respirators required by the District and used in compliance with

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8 CCR § 5144.

iv. 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 may complete an Employee Mask Exemption Form.

Employees exempted from wearing face coverings due to a medical condition, mental health condition, or disability shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if their condition or disability permits it. Alternatives will be considered on a case-by-case basis. If an employee’s medical condition, mental health condition, or disability does not permit a non-restrictive alternative, the employee shall be tested at least weekly for COVID-19 during paid times and at no cost to the employees.

v. Specific tasks that cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed. Any employee not wearing a face covering pursuant to this exception shall be tested at least weekly for COVID-19 during paid time and at no cost to the employee.

c. Any employee, even if fully vaccinated, may wear face coverings if he/she elects to do so, unless wearing face coverings would create a safety hazard, such as interfering with the safe operation of equipment.

d. Upon request, the District will provide face coverings for employees regardless of vaccination status.

e. The District has developed measures to communicate to non-employees regarding the face coverings requirement, as applicable, for all District sites.

4.2 Engineering Controls (8 CCR § 3205(c)(7)(A))

To the extent feasible, the District will maximize the quantity of outside air for buildings with mechanical or natural ventilation systems by:

a. For indoorlocations, theDistrict will evaluate howto maximizethequantityof outdoor air and whether it is possible to increase filtration efficiency to the highest level compatible with the existing ventilation system.

b. If the amount of outside air needs to be minimized due to other hazards, such as heat, cold, or wildfire smoke, outside air vents and windows will be closed.

c. For buildings with mechanical or natural ventilation, or both, the District will maximize 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 maximizing outdoor air by other means would cause a hazard to employees, for instance from excessive heat or cold.

d. The HVAC system will be properly maintained and adjusted by the District maintenance staff and HVAC technician(s).

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e. The highest MERV filters will be utilized to insure adequate air filtration.

f. Employees are encouraged to open windows or doors when outside conditions are favorable.

4.3 Hand sanitizing (8 CCR § 3205(c)(7)(B))

a. To protectemployees from COVID-19hazards,the District will evaluateitshandwashing facilities, determine the need for additional facilities, encourage and allow time for employee handwashing, and provide employees with an effective hand sanitizer. The District encourages employees to wash their hands for at least 20 seconds each time. Provision or use of hand sanitizers with methyl alcohol is prohibited.

b. Employees are encouraged to wash hands frequently with soap and water for a minimum of 20 seconds. If soap and water are not available, use hand sanitizer (70% alcohol content or greater). At a minimum, employees MUST wash hands at the beginning and end of each shift, after using the toilet, and before and after each break.

c. Employees areencouragedto userespiratoryetiquette,includingcoveringmouth and/or nose when coughing and/or sneezing. Cover the mouth and nose with a tissue. If a tissue is not immediately available, cough or sneeze into sleeve and not into hands.

d. Employees are encouraged to avoid touching their eyes, nose, and mouth especially with unwashed hands.

4.4 Personal Protective Equipment (PPE) (8 CCR § 3205(c)(7)(C))

a. The District shall evaluate the need for PPE (such as gloves, goggles, and face coverings) to prevent exposure to COVID-19 hazards as required by 8 CCR§ 3380 and shall provide such PPE asneeded.

b. Upon request, the District will provide respirators for voluntary use in compliance with 8 CCR § 5144(C)(2) to all employees who are working indoors or in vehicles with more than one person. Employees are encouraged to use the District-provided respirators.

c. The District shall provide and ensure use of respirators in compliance with 8 CCR § 5144 when deemed necessary by Cal/OSHA through the issuance of Order to Take Special Action in accordance with 8 CCR § 332.3.

d. The District shall provide and ensure use of eye protection and respiratory protection in accordance with 8 CCR § 5144 when employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.

4.5	Testing of Symptomatic Employees (8 CCR § 3205(c)(7)(D))

COVID-19 testing is available at no cost to employees with COVID-19 symptoms during employees’ paid time.

5. INVESTIGATING AND RESPONDING TO COVID-19 CASES (8 CCR § 3205(c)(3))

a. The District shall investigate and respond to COVID-19 cases by using the Appendix C:

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Investigating COVID-19 Cases.

b. The District shall take all of the following steps in response to a COVID-19 case in the workplace:

1. Determine the day and time the COVID-19 case was last present and, to the extent possible, the date of the positive COVID-19 test(s) and/or diagnosis, and the date the COVID-19 case first had one or more COVID-19 symptoms, if any were experienced.

2. Determine who may have had a close contact. This requires an evaluation of the activities of the COVID-19 case and all locations at the workplace which may have been visited by the COVID-19 case during the infectious period.

3. Within one business day of the time the District knew or should have known of a COVID-19 case, the District shall give written notice, in a form readily understandable by employees, that people at the worksite may have been exposed to COVID-19. The notice shall be written in a way that does not reveal any personal identifying information of the COVID-19 case, and in the manner the employer normally uses to communicate employment-related information. Written notice may include, but is not limited to, personal service, email, or text message if it can reasonably be anticipated to be received by the employee within one business day of sending. The notice shall include the cleaning and disinfection plan required by Labor Code section 6409.6(a)(4). The notice must be sent to the following:

a. All employees who were on the premises at the same worksite as the COVID-19 case during the infectious period. If the District should reasonably know that an employee has not received the notice or has limited literacy in the language used in the notice, the District shall provide verbal notice, as soon as practicable, in a language understandable by the employee.

b. Independent contractors and other employers whowere on the premises atthe same worksite as the COVID-19 case during the infectious period.

4. Within one business day of the time the District knew or should have known of the COVID-19 case, the District shall:

a. Provide the notice required by Labor Code section 6409.6(a)(2) and (c) to the authorized representative, if any, of the COVID-19 case and of any employee who had a close contact; and

b. Provide the notice required by Labor Code Section 6409.6(a)(4) to the authorized representative, if any, of any employee who was on the premises at the same worksite as the COVID-19 case during the infectious period.

5. Make COVID-19 testing available at no cost during paid time to all employees who had a close contact in the workplace and provide them with the information on the benefits described in 8 CCR § 3205(c)(5)(B) and (c)(9)(C) (8 CCR 3205(c)(3)(B))

EXCEPTION TO 8 CCR3205(c)(3)(B)(5).: TheDistrict is notrequiredtomake COVID-19 testing available to returned cases. (8 CCR 3205(c)(3)(B))

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6. Investigate whether workplace conditions could have contributed to the risk of COVID-19 exposure and what could be done to reduce exposure to COVID-19 hazards.

c. Personal identifying information regarding COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by 5 CCR § 3205 or 3205.1 through 3205.4 shall be kept confidential unless disclosure is required or permitted by law.

d. Unredacted information on COVID-19 cases shall be provided to the local health department,the California Department of Public Health, Cal/OSHA, theNational Institute for Occupational Safety and Health (NIOSH) immediately upon request and when required by law.

6. SYSTEM FOR COMMUNICATING (8 CCR § 3205(c)(1))

The District’s goal is to ensure effective two-way communication with employees and that it includes the following information:

a. Employees are to report to the District, without fear of reprisal, COVID-19 symptoms, possible close contacts, and possible COVID-19 hazards at the workplace to their supervisor.

b. How employees with medical or other conditions that put them at increased risk of severe COVID-19 illness can request accommodation.

c. Provide information about access to COVID-19 testing as described in 8 CCR § 3205(C)(5)(I) when testing is required under 5 CCR § 3205, 3205.1, or 3205.2. Employees may access COVID-19 voluntary testing available through health plans or local testing centers.

d. Information about COVID-19 hazards and the District’s COVID-19 policies and procedures to employees and other employers, persons, and entities within or in contact with the employer’s workplace.

7. TRAINING AND INSTRUCTION (8 CCR § 3205(c)(5))

The District shall provide effective training and instruction to employees that include the following:

a. The District’s COVID-19 policies and procedures to protect employees from COVID-19 hazards and how to participate in the identification and evaluation of COVID-19 hazards under 8 CCR § 3205(C)(2)(A).

b. Information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. This includes any benefits available under legally mandated sick and vaccination leave, if applicable, workers' compensation law, local governmental requirements, the employer's own leave policies, leave guaranteed by contract, and 8 CCR § 3205.

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c. The fact that:

▪ COVID-19 is an infectious disease that can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales.

▪ COVID-19 may be transmitted when a person touches a contaminated object and thentoucheshis/hereyes, nose,or mouth,although that is lesscommon.

▪ An infectious person may have no symptoms.

d. The fact that particles containing the virus can travel more than 6 feet, especially indoors, so physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19 but are most effective when used in combination.

e. The District’s policies for providing respirators and the right of employees to request a respirator for voluntary use as stated in 8 CCR § 3205, without fear of retaliation and at no cost to employees. Whenever respirators are provided for voluntary use under 8 CCR § 3205 or sections 3205.1 through 3205.4, the District shall provide effective training and instruction to employees regarding:

1. How to properly wear the respirator provided; and

2. How to perform a seal check according to the manufacturer's instructions each time a respirator is worn and the fact that facial hair interferes with a seal.

f. Theimportanceoffrequenthandwashingwithsoapandwaterfor atleast 20seconds and using hand sanitizer when employees do not have immediate access to a sink or handwashing facility,and that handsanitizerdoes not workifthe hands aresoiled.

g.	Proper use of face coverings and the fact that face coverings are not respiratory protective equipment. COVID-19 is an airborne disease, N95s and more protective respirators protect the users from airborne disease while face coverings primarily protect people around the user.

h.	COVID-19 symptoms, the importance of obtaining a COVID-19 test, and not coming to work if an employee has COVID-19 symptoms.

i.	The conditions under which face coverings must be worn at the workplace and that employees can request face coverings from the District at no cost to the employee and can wear them at work, regardless of vaccination status and without fear of retaliation.

j.	Training will be documented by a completed Training Verification Form provided during the training. Alternatively, a training log may be utilized. See Appendix D: COVID-19 Training Roster.

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8. EXCLUSION OF COVID-19 CASES (8 CCR § 3205(c)(9))

When a COVID-19 case is identified in the workplace, the District will limit transmission by:

a. Ensuring that COVID-19 cases are excluded from the workplace until the return-to-work requirements in Section 10 below aremet.

b. Reviewing current CDPH guidance for persons who had close contacts, including any guidance regarding quarantine or other measures to reduce transmission. The District will develop, implement, and maintain effective policies to prevent transmission of COVID-19 by persons who had close contacts.

c. For an employee excluded from work under 8 CCR § 3205(c)(9), the District shall continue and maintain the employee’s earnings, wages, seniority, and all other employee rights and benefits. The foregoing provision does not apply where the employee received disability payments or was covered by workers’ compensation and received temporary disability. It also does not apply where the District demonstrates that the close contact is not work related. Wages due under 8 CCR § 3205(c)(9)(C) are subject to existing wage payment obligations and must be paid at the employee's regular rate of pay no later than the regular pay day for the pay period(s) in which the employee is excluded. Unpaid wages owed under 8 CCR § 3205(c)(9)(C) are subject to enforcement through procedures available in existing law. If the District determines that one of the exceptions below applies, it shall inform the employee of the denial and the applicable exception.

EXCEPTION 1: 8 CCR 3205(c)(9)(C) does not apply where the employee received disability payments or was covered by workers’ compensation and received temporary disability.

EXCEPTION 2: 8 CCR 3205(c)(9)(C) does not apply where the District demonstrates that the close contact is not work related.

d. Providing employees, at the time of exclusion, with information on availablebenefits. Employees who have not been excluded or isolated by the local health department need not be excluded by the District if they are temporarily reassigned to work where they do not have contact with other persons until the return to work requirements under Section 10 below are met.

9. REPORTING, RECORDKEEPING, AND ACCESS (8 CCR § 3205(c)(8))

The District, through the District’s CPP Officer, shall:

a. Report information about COVID-19 cases and outbreaks to the local health department whenever required by law and provide any related information requested by the local health department and report all information to the local health department required by Labor Code section 6409.6.

b. Maintain records of the steps taken to implement this CPP in accordance with 8 CCR § 3203(b).

c. Make this CPP available at the workplace to employees, authorized employee

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representatives, and to representatives of Cal/OSHA immediately uponrequest.

d. Use the Appendix C: Investigating COVID-19 Cases form to keep a record of and track all COVID-19 cases.

10. RETURN-TO-WORK CRITERIA (8 CCR § 3205(c)(10)) The following return to work criteria shall apply to COVID-19 cases and employees excluded under 8 CCR 3205.1 (multiple COVID-19 infections and COVID-19 outbreaks) and 3205.2 (major COVID-19 outbreaks). Unless superseded by applicable laws, state or local public health orders or guidance, or gubernatorial executive orders in which case the provisions of such laws or orders shall govern, the following return-to-work criteria shall apply:

a. COVID-19 cases, regardless of vaccination status or previous infection, who do not develop COVID-19 symptoms or whose COVID-19 symptoms are resolving, shall not return to work until:

1. At least five days have passed from the date that COVID-19 symptoms began or, if the person does not develop COVID-19 symptoms, from the date of first positive COVID-19 test;

2. 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; and

3. A negative COVID-19 test from a specimen collected on the fifth day or later is obtained; or, if unable to test or the employer chooses notto requirea test,10 days have passed from the date that COVID-19 symptoms began or, if the person does not develop COVID-19 symptoms, from the date of first positive COVID-19 test.

b. COVID-19 cases, regardless of vaccination status or previous infection, whose COVID-19 symptoms are not resolving, may not return to work until:

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 medication; and

2. Symptoms are resolving or 10 days have passed from when the symptoms began.

c. Regardless of vaccination status, previous infection, or lack of COVID-19 symptoms, a COVID-19 case shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or, if the person did not have COVID-19 symptoms, from the date of their first positive COVID-19 test.

d. The requirements in subsections (c)(10)(A) and (c)(10)(B) apply regardless or whether an employee has previously been excluded or other precautions were taken in response to an employee’s close contact or membership in an exposed group.

e. If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, an employee shall not return to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, the period shall be in accordance with the return to work periods in 8 CCR § 3205(c)(10).

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APPENDIX A: IDENTIFICATION OF COVID-19 HAZARDS (8 CCR § 3205(c)(2))

Section 3205(c)(2) requires the District to conduct a workplace-specific identification of all interactions, areas, activities, processes, equipment, and materials that could potentially expose employees to COVID-19 hazards. The District shall use this appendix to conduct such an identification.

All persons, regardless of symptoms or negative COVID-19 test results, will be considered potentially infectious. Particular attention will be paid to areas where people may congregate or come in contact with one another, regardless of whether employees are performing an assigned work task or not. For example: meetings, entrances, bathrooms, hallways, aisles, walkways, elevators, break or eating areas, cool-down areas, and waiting areas.

Evaluation of potential workplace exposure will be to all persons at the workplace or who may enter the workplace, including coworkers, employees of other entities, members of the public, customers or clients, and independent contractors. The District will consider how employees and other persons enter, leave, and travel through the workplace, in addition to addressing fixed work locations.

Person conducting the evaluation:__________________________________________________________        Date: ________________________ Name(s) of employee and authorized employee representative that participated:______________________________________________________

_____________________________________________________________________________________________________________________

Interaction, area, activity, process, equipment and material that potentially exposes employeesto COVID-19 hazards
	
Places and times when people may congregate or come in contact with one another
	
Employees’ potential workplace exposure for COVID-19 to all persons at the workplace or who may enter the workplace, including coworkers, members of the public, employees of other employers, and independent contractors
	
Existing and/or additional COVID-19 prevention controls

				

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Interaction, area, activity, process, equipment and material that potentially exposes employeesto COVID-19 hazards
	
Places and times when people may congregate or come in contact with one another
	
Employees’ potential workplace exposure for COVID-19 to all persons at the workplace or who may enter the workplace, including coworkers, members of the public, employees of other employers, and independent contractors
	
Existing and/or additional COVID-19 prevention controls

				

				

NOTE: If additional spaces are needed, add additional pages.

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APPENDIX B: COVID-19 INSPECTIONS

Section 3205(c)(2)(H) requires the District to conduct periodic inspections as needed to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with the District’s COVID-19 policies and procedures. The District shall use this appendix to conduct such periodic inspections.

Work location inspected: ________________________________________________________________________________________________

Exposure Controls
	Status
	Person Assigned to Correct
	Date Corrected
	
1. Engineering
				
Barriers/partitions
				
Ventilation (amount of fresh airand filtration maximized)
				
Additional room air filtration
				
2. Administrative
				
Hand washing facilities (adequate numbers and supplies)
				
Disinfecting and hand sanitizing solutions being used according to manufacturer instructions
				
3. PPE (not shared, available and being worn)
				
Face coverings (cleaned sufficiently often)

Face shields/goggles
				
Respiratory protection

Date: ________________________	Name of person conductingthe inspection: __________________________________________________

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APPENDIX C: INVESTIGATING COVID-19 CASES

Date Investigation Initiated: _____________________________________

Name of person conductingthe investigation: ___________________________________________________ Name(s) of staff Involved in the Investigation:___________________________________________________

1. Employee (or non-employee) name:________________________________________________________ Address:_____________________________________________________ Phone:___________________
2. Occupation/Position (if non-employee, why he/she was in the workplace):___________________________ _____________________________________________________________________________________
3. Location where employee worked (or non-employee was present):________________________________ _____________________________________________________________________________________ 4. Date and time the COVID-19 case was last present in the workplace:______________________________
5. Date the COVID-19 case first had one or more COVID-19 symptoms:______________________________ 6. Was COVID-19 test offered?	___ Yes	___No
7. Date of the positive or negative test and/or diagnosis:__________________________________________ 8. Information received regarding COVID-19 test results and onset of symptoms (attach documentation):
______________________________________________________________________________________

9. Results of the evaluation of the COVID-19 case and all locations at the workplace that may have been visited by the COVID-19 case during the infectious period, and who may have been exposed:

_____________________________________________________________________________________ _____________________________________________________________________________________
10. Notice given (within one business day, in a way that does not reveal any personal identifying information of the COVID-19 case) of the potential COVID-19 exposure to:

___ All employees who may have had COVID-19 exposure and their	Date:_____________________ authorized representatives

Names of employees who were notified:___________________________________________________ ___________________________________________________________________________________
11.	 Independent contractors and other employers present at the workplace during the infectious period:_______________________________________________________________

Names of individuals who were notified:____________________	Date:_____________________ ___________________________________________________
12. What were the workplace conditions that could have contributed to the risk of COVID-19 exposure? _____ ____________________________________________________________________________________

13. What could be done to reduce exposure to COVID-19?________________________________________ ____________________________________________________________________________________

14. Was the local health department notified: __ Yes	__No If notified, date:_________________________

CONFIDENTIALITY OF INFORMATION/MEDICAL RECORDS: All personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by 8 CCR § 3205 or 3205.1 through 3205.4, will be kept confidential unless disclosure is required or permitted by law. Unredacted information on COVID-19caseswill be provided immediately upon request tothelocal health department, CDPH, Cal/OSHA, the National Institute for Occupational Safety and Health (NIOSH) and when required by law. (8 CCR § 3205((c)(3)(C))

For definitions of terms, see Appendix G. Attach additional pages if extra spaces needed.

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APPENDIX D: COVID-19 TRAINING ROSTER

Date of Training: ________________________________

Name of person conductingthe training:_______________________________________________________ Description of Training:____________________________________________________________________

Employee Name (print)
	Signature

		

		

		

		

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APPENDIX E: MULTIPLE COVID-19 INFECTIONS AND COVID-19 OUTBREAKS (8 CCR § 3205.1)

1. Application

If a District school site or workplace has three or more employee COVID-19 cases within an exposed group, as defined by 8 CCR § 3205(b), visited the workplace during their infectious period at any time during a 14-day period, this appendix shall apply until there are no new COVID-19 cases detected in the exposed group for a 14-day period.

2. COVID-19 Testing

a. The DistrictshallmakeCOVID-19testingavailableatnocosttoallemployeeswithintheexposedgroup, during employees paid time, except:

i.	Employees who were not present at the workplace during the relevant 14-day period(s).

ii. For returned cases who did not develop COVID-19 symptoms after returning to work pursuant to 8 CCR § 3205(c)(10), no testing is required.

b. COVID-19 testing consists of the following:

i.	The District shall make testing available to all employees in the exposed group, regardless of vaccination status, and then again one week later. Negative COVID-19 test results of employees with COVID-19 exposure shall not impact the duration of any quarantine, isolation, or exclusion period required by, or orders issued by, the local health department.

ii. After the first two COVID-19 tests required above, the District shall make COVID-19 testing available once a week at no cost, during paid time, to all employees in the exposed group who remain at the workplace, or more frequently if recommended by the local health department, until there are no new COVID-19 cases detected in the exposed group for a 14-day period.

iii. Employees who had close contacts shall have a negative COVID-19 test taken within three and five days after the close contact or shall be excluded and follow the return to work requirements of 8 CCR 3205(c)(10) starting from the date of the last known close contact.

iv. The District shall make additional testing available at no cost to employees during their paid time when deemed necessary by Cal/OSHA through the Issuance of Order to Take Special Action, in accordance with 8 CCR § 332.3.

c. The District shall continue to comply with all applicable provisions of 8 CCR § 3205 and shall do the following:

i. Employees in the exposed group shall wear face coverings when indoors, or when outdoors and less than six feet from another person, unless one of the exceptions in 8 CCR § 3205(c)(6)(C) applies.

ii. The District shall give notice to employees in the exposed group of their right to request a respirator for voluntary use under 8 CCR § 3205(c)(7)(D)2.

iii. The District shall evaluate whether to implement physical distancing of at least six feet between persons or, where six feet of physical distancing is not feasible, as much distance between persons as feasible.

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3. COVID-19 Investigation, Review, and Hazard Correction

The District shall immediately perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19.

The investigation and review shall be documented and include:

a. Investigation of new or unabated COVID-19 hazards including:
○ The District’s leave policies and practices and whether employees are discouraged from remaining home whensick.
○ The District’s COVID-19 testing policies. ○ Insufficient outdoor air.
○ Insufficient air filtration.
○ Lack of physical distancing.

b. Updating the review:
○ Every 30 days if the conditions in a. above continues to apply.
○ In response to new information or to new or previously unrecognized COVID-19hazards. ○ When otherwise necessary.

c. Implementing changes to reduce the transmission of COVID-19 based on the investigation and review set forth above. The following shall be considered by the District:
○ Moving indoor tasks outdoors or having them performed remotely. ○ Increasing outdoor air supply when work is done indoors.
○ Improving air filtration.
○ Increasing physical distancing as much as feasible.
○ Requiring respiratory protection in compliance with 8 CCR § 5144. ○ Other applicable controls.

1. Ventilation

In buildings or structures with mechanical ventilation, the District shall filter recirculated air with Minimum Efficiency Reporting Value (MERV) 13 or higher efficiency filters if compatible with the ventilation system. If MERV-13 or higher filters are not compatible with the ventilation system, the District shall use filters with the highest compatible filtering efficiency. The District shall also evaluate whether portable or mounted High Efficiency Particulate Air (HEPA) filtration units or other air cleaning systems would reduce the risk of transmission and, if so, shall implement their use to the degree feasible.

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APPENDIX F: MAJOR COVID-19 OUTBREAK (8 CCR § 3205.2)

1. Application: If a District school site or workplace has 20 or more employee COVID-19 cases in an exposed group or visitedthe workplace during their infectious period withina 30-day period,this appendix will apply until there are fewer than three COVID-19 cases detected in the exposed group for a 14-day period.

2. COVID-19 Testing, Mitigation Measures, Investigation, Review, and Hazard Correction. The District shall continue to comply with the provisions in Appendix E, except that the COVID-19 testing shall be required of all employees in the exposed group, regardless of vaccination status, twice a week or more frequently ifrecommended by thelocal health department. Employees in the exposed group shall betested or shall be excluded and follow the return to work requirements of 8 CCR 3205(c)(10) starting from the date that the outbreak begins.

3. COVID-19 Hazard Correction: In addition to the requirements of this CPP (see Section 3 - Correction of COVID-19 Hazards) and Appendix E, the District shall take the following actions:

a. The District shall provide a respirator for voluntary use in compliance with 8 CCR § 5144(c)(2) to employees in exposed group and shall determine the need for a respiratory protection program or changes to an existing respiratory protection program under 8 CCR § 5144 to address COVID-19 hazards.

b. Any employees in the exposed group who are not wearing respirators required by the District and used in compliance with 8 CCR § 5144 shall be separated from other persons by at least six feet, except where the District can demonstrate that six feet of separation is not feasible, and except for momentary exposure while persons are in movement. Methods of physical distancing include: telework or other remote work arrangements; reducing the number of persons in an area at one time, including visitors; visual cues such as signs and floor markings to indicate where employees and others should be located or their direction and path of travel; staggered arrival, departure, work, and break times; and adjusted work processes or procedures, such as reducing production speed,to allow greaterdistance between employees. When it is notfeasible tomaintaina physical distance of at least six feet, individuals shall be as far apart as feasible.

c. The District shall evaluate whether to halt some or all operations at the workplace until COVID-19 hazards have beencorrected

d. The District shall implement any other control measures deemed necessary by Cal/OSHA through the Issuance of Order to Take Special Action, in accordance with 8 CCR § 332.3.

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APPENDIX G: DEFINITIONS (8 CCR § 3205(b))

The following definitions, as set forth in 8 CCR § 3205, shall apply to this CPP:

1. “Close contact" means being within six 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 ”infectious period" defined bythissection, regardless of theuse of face coverings, unless closecontact is defined by regulation or order of the CDPH. If so, the CDPH definition shall apply.

EXCEPTION: Employees have not had a close contact if they wore a respirator required by the employer and used in compliance with 8 CCR § 5144 whenever they were within six feet of the COVID-19 case during the infectious period.

2. "COVID-19" means the disease caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2).

3. "COVID-19 case" means a person who: (1) has a positive "COVID-19 test"; or (2) has a positive COVID-19 diagnosis from a licensed health care provider; or (3) is subject to a COVID-19-related order to isolate issued by a local or state health official; 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.

4. "COVID-19 hazard" means 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 from procedures performed on persons which may aerosolize saliva or respiratory tract fluids.

5. "COVID-19 symptoms" means a fever of 100.4 degrees Fahrenheit or higher, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19.

6. "COVID-19 test" means a test for SARS-CoV-2 that is:

a. Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test); and

b. Administered in accordance with the authorized instructions.

d. To meet the return to work criteria set forth in subsection (c)(10), a COVID-19 test may be both self-administered and self-read only if another means of independent verification of the results can be provided (e.g., a time-stamped photograph of the results)

7. “Exposed group" means all employees at a work location, working area, or a common area at workwhereanemployeeCOVID-19casewaspresent atanytimeduringtheinfectious period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:

a. For the purpose of determining the exposed group, a place where persons momentarily pass through while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work.

b. If the COVID-19 case was part of a distinct group of employees who are not present at

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the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.

c. If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the infectious period, and the COVID-19 case was wearing a face covering during the entire visit, other people at the work location, working area, or common area are not part of the exposed group.

NOTE: An exposed group may include the employees of more than one employer. See Labor Code sections 6303 and 6304.1.

8. "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 that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.

This definition includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively.

9. "Infectious period" means the following time period, unless otherwise defined by CDPH regulation or order, in which case the CDPH definition shall apply:

a. For COVID-19 cases who develop COVID-19 symptoms, from two days before they first develop symptoms until all of the following are true: it has been 10 days since symptoms first appeared; 24 hours have passed with no fever, without the use of fever-reducing medications, and symptoms have improved.

b. For COVID-19 cases who never develop COVID-19 symptoms, from two days before until ten days after the specimen for their first positive test for COVID-19 was collected.

10. “Respirator” means a respiratory protection device approved by the National Institute for Occupational Safety andHealth (NIOSH) to protect the wearer from particulate matter, such as an N95 filtering facepiece respirator.

11. “Returned case” means a COVID-19 case who returned to work pursuant to subsection (c)(10) and did not develop any COVID-19 symptoms after returning. A person shall only be considered a returned case for 90 days after the initial onset of COVID-19 symptoms or, if the person never developed COVID-19 symptoms, for 90 days after the first positive test. If a period of other than 90 days is required by a CDPH regulation or order, that period shall apply.

12. “Worksite,” for the limited purposes of sections 3205 through 3205.4 only, means the building, store, facility, agricultural field, or other location where a COVID-19 case was present during the infectious period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter, locations where the worker worked by themselves without exposure to other employees, or to a worker’s personal residence or alternative work location chosen by the worker when working remotely.

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NOTE: The term worksite is used for the purpose of notice requirements in 8 CCR § 3205(c)(3)(B)3. and 4. only.

Doc# 52114-14, 08/2022

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