California Regulatory Notice Register — Register 2022, No. 30-Z (JULY 29, 2022)

Cal. Reg. Notice Reg. 2022, No. 30

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 30-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 29, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0719–04 ........................................ 841 AMENDMENT STATE AGENCY: California Energy Commission ADOPTION MULTI–COUNTY: California Community Power (CC Power) TITLE 2.

SECRETARY OF STATE Regarding Prohibition of Electioneering and Corruption of the Voting Process — Notice File Number Z2022–0719–01 ................................................................. 842 TITLE 2. SECRETARY OF STATE Election Observation Rights and Responsibilities — Notice File Number Z2022–0718–05 ...................... 844 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Guava Fruit Fly Eradication Authority — Notice File Number Z2022–0718–01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 846 TITLE 5.

COMMISSION ON TEACHER CREDENTIALING Pertaining to Teaching Performance Assessment — Notice File Number Z2022–0718–04 ....................... 849 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD COVID–19 Prevention — Notice File Number Z2022–0718–03 ........................................... 852 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Forest Resiliency Amendments — Notice File Number Z2022–0719–02 ..................................... 874 TITLE 22.

DEPARTMENT OF SOCIAL SERVICES Single License Child Care Center Regulations — Notice File Number Z2022–0701–04 ......................... 879 (Continued on next page)

TITLE 22.

DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Transcatheter Aortic Valve Replacement Data Acquisition — Notice File Number Z2022–0719–03 ............... 881 CORRECTED ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Challenging Various Provisions Contained in the Department’ s Precertification Training Manual (Copyright 2017) ................................................................................ 884 PETITION DECISION DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Amendment of Regulations Relating to the Beverage Container Recycling Program ........................... 884 DECISION NOT TO PROCEED PRISON INDUSTRY AUTHORITY Incarcerated Individual Grievances and Appeals ...................................................... 886

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 886 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 841 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT STATE AGENCY: California Energy Commission ADOPTION MULTI–COUNTY: California Community Power (CC Power) A written comment period has been established commencing on July 29, 2022 and closing on Septem- ber 12, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, Califor nia 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than September 12, 2022. If a public hearing is to be held, oral com - ments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code(

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 842 A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2.

SECRETARY OF STATE PROPOSED REGULATORY ACTION: NOTICES REGARDING PROHIBITION OF ELECTIONEERING AND CORRUPTION OF THE VOTING PROCESS NOTICE IS HEREBY GIVEN that the Secretary of State (SOS) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments in writing relevant to the action proposed. Written comments, including those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Sep- tember 12, 2022. A public hearing is not scheduled.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the SOS, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as de- scribed below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the per- son designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Public Comment Period: July 29, 2022, through September 12, 2022. AUTHORITY AND REFERENCE Authority cited: Sections 18372, 18504, Elections Code, and

Section 12172.5, Government Code. Reference cited: Sections 18370, 18371, 18372, 18500, 18501, 18502, 18503, 18504, 18520, 18521, 18522, 18523, 18524, 18540, 18541, 18542, 18543, 18544, 18545, 18546, 18547, 18548, 18560, 18561, 18562, 18562.5, 18563, 18564, 18564.5, 18565, 18566, 18567, 18568 18569, 18570, 18571, 18572, 18573, 18573.5, 18574, 18575, 18576, 18577, and 18578, Elec- tions Code. INFORMATIVE DIGEST A. Informative Digest The Notices Regarding Prohibition of Electioneer - ing and Corruption of the Voting Process were adopted as an emergency prior to the June 7, 2022, Statewide Primary Election.

The emergency regulations provid - ed uniform notices for prohibition on electioneering and corruption of the voting process. These regulations are intended to make the emer - gency regulations permanent, as well as to add a new provision that will provide greater flexibility to elec - tions officials. On January 1, 2022, Senate Bill 35 (SB 35,

Chapter 318 of the Statutes of 2021) became law. Amongst oth- er things, SB 35 required the Secretary of State to pro- mulgate regulations for notices regarding the prohibi - tions on electioneering and regarding the prohibitions on activity relating to corruption of the voting process. While SB 35 did not provide a timeframe for when the regulations were to be promulgated, the Secretary of State determined that it was imperative to have the no- tices available and provided to the public prior to the June 7, 2022, Statewide Primary Election.

The proposed regulations provide information on how and where county elections officials and the Sec- retary of State are to provide the notice, and also the language that the notices are to require. The language of the notices is provided to ensure that all California voters are receiving the same messages on the prohi - bitions of electioneering and corruption of the voting process. B.

Policy Statement Overview/Anticipated Benefits of Proposal The proposed regulations provide information on how and where county elections officials and the Sec- retary of State are to provide the notices on the prohi - bition of electioneering and what constitutes corrup - tion of the voting process. The proposed regulations provide clear and concise language that the notices are to require. The language of the notices is provided to ensure that all California voters are receiving the same messages on the prohibitions of electioneering and corruption of the voting process. C.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 843 proposed regulations are neither inconsistent nor in - compatible with existing state regulations. D. Documents Incorporated by Reference: None E.

Documents Relied Upon in Preparing the Regulations: Senate Bill 35 (Chapter 318 of the Statutes of 2021) https://leginfo.legislature.ca.gov/faces/ billNavClient.xhtml?bill_id=202120220SB35 DISCLOSURES REGARDING THE PROPOSED REGULATIONS The SOS has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Mandate on Local Agencies and School Districts: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Business Impact: The SOS has made an initial de - termination that the proposed regulatory action will have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The SOS is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with these proposed regulations. These regulations only pertain to elections officials, who are required to post notices to voters relating to the prohibitions of electioneering and corruption of the voting process. Significant Effect on Housing Costs: None. Effect on Small Business: These regulations will have no effect on small businesses.

These regulations only pertain to elections officials, who are required to post notices to voters relating to the prohibitions of electioneering and corruption of the voting process.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The SOS has determined that the proposed regula - tions are (1) unlikely to create or eliminate any jobs in California, (2) unlikely to create or eliminate any California businesses, (3) unlikely to result in the ex - pansion of businesses currently doing business within California, (4) unlikely to have any impact on worker safety, and (5) unlikely to have any impact on Cali - fornia’s environment.

These regulations only pertain to elections officials, who are required to post notices to voters relating to the prohibitions of electioneer - ing and corruption of the voting process. These reg - ulations do not significantly change existing business practices such that jobs or businesses would be created or eliminated.

Benefits of the Proposed Regulations: The benefits of the regulation to the health and welfare of Califor - nia residents lies in the fact that these regulations will provide greater confidence in the conduct of Califor - nia’s election activities by providing clear warnings to the public about the prohibition of electioneering and what constitutes corruption of the voting process, uni- form guidance for petition processing, signature veri - fication, ballot processing, and ballot counting.

These regulations will ultimately benefit California residents as they are intended to dissuade individuals from in - terfering with the elections process which will likely strengthen the public trust in the State of California’s election process. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the SOS must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law. The SOS has determined that there are no reason - able alternatives to these regulations.

There are cur - rently no regulations for notices regarding the prohi - bition of electioneering and corruption of the voting process. Any interested person may present statements or ar- guments relevant to the above determinations. INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The SOS has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the SOS’s website.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 844 A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period. A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Robbie Anderson Secretary of State 1500 11th Street, 5th Floor Sacramento, CA 95814 (916) 657–2166 aanderso@sos.ca.gov The backup contact person is: Raj Bathla Secretary of State 1500 11th Street, Room 495 Sacramento, CA 95814 (916) 657–2166 rbathla@sos.ca.gov Website Access: Materials regarding this proposal can be found at: https://www.sos.ca.gov/administration/regulations/ proposed–regulations/ TITLE 2.

SECRETARY OF STATE PROPOSED REGULATORY ACTION: ELECTION OBSERVATIONS RIGHTS AND RESPONSIBILITIES NOTICE IS HEREBY GIVEN that the Secretary of State (SOS) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments in writing relevant to the action proposed. Written comments, including those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Sep- tember 12, 2022. A public hearing is not scheduled.

A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the contact persons listed below no later than 5:00 p.m., on August 29, 2022. Follow - ing the public hearing, if one is requested, or follow - ing the written comment period if no public hearing is requested, the SOS, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are suffi- ciently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Public Comment Period: July 29, 2022, through September 12, 2022. AUTHORITY AND REFERENCE Authority cited:

Section 10, Elections Code, and

Section 12172.5, Government Code. Reference cited: Sections 303.4, 319.5, 320, 335.5, 336.5, 338.5, 338.6, 339, 353.5, 358, 359.2, 360, 361, 362, 2550, 2300, 2301, 2302, 3018, 3203, 14215, 14422, 14223, 14240, 14294, 15004, 15101, 15104, 15015, 15360, 15367, and 18370, Elections Code. INFORMATIVE DIGEST A. Informative Digest Groups and individuals (“election observers”) ob - serve the conduct of various aspects of many Califor - nia Elections.

There are some references to election observation in the Elections Code, but those refer - ences are not sufficient to clearly set forth the rights and responsibilities of the election observers and the county elections officials. These regulations are being proposed to close that gap and provide uniform guid - ance to election observers and county elections offi - cials for the observation process.

It is anticipated that having clear guidance with respect to the observation process — in the form of these regulations — will aid elections officials in addressing tense situations with election observers that have appeared more frequently in the past few elections. The purpose of these regulations is as follows: 1. Establish guidelines and procedures for elections officials and election observers. 2. Establish the rights of election observers. 3. Establish rights of county elections officials with respect to the elections observation process. 4. Provide clear duties for election observers. 5.

Provide clear duties for county elections officials with respect to the elections observation process.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 845 6. Establish guidelines for the conduct of election observers. 7. Provide clear guidance with respect to voter challenges. These regulations are necessary to ensure uniform observation of elections in California. With these regulations, observers will know up front what their rights are, regardless of the jurisdiction where they are observing an election. They can point to these regu - lations to ensure they have appropriate access to ob - serving election activities.

Similarly, county elections officials will be clear on how elections observers fit into the election administration process. These regula- tions balance the rights and needs of elections observ- ers with county elections officials’ need to efficiently and accurately complete elections activities. During the development of these regulations, the Secretary of State’s office worked with county elec - tions officials and several voting advocacy groups to ensure that there is agreement with the need and con - tent of these regulations. B.

Consistency/Compatibility with Existing State Regulations After conducting an evaluation of regulations in this area, the SOS has determined that these are the only regulations related to observation of the elections process. Therefore, the proposed regulations are nei - ther inconsistent nor incompatible with existing state regulations. C. Documents Incorporated by Reference: None. D. Documents Relied Upon in Preparing the Regulations: None.

DISCLOSURES REGARDING THE PROPOSED REGULATIONS The SOS has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Mandate on Local Agencies and School Districts: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None.

Business Impact: The SOS has made an initial de - termination that the proposed regulatory action will have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business: The Secretary of State is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable com - pliance with the proposed action. Significant Effect on Housing Costs: None.

Effect on Small Business: These regulations will have no effect on small businesses. These regulations pertain to elections observation activities and respon - sibilities only. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The SOS has determined that the proposed regula - tions are (1) unlikely to create or eliminate any jobs in California, (2) unlikely to create or eliminate any California businesses, and (3) unlikely to result in the expansion of businesses currently doing business within California. These regulations pertain to elec - tions observation activities and responsibilities only.

These regulations do not significantly change existing business practices such that jobs or businesses would be created or eliminated. Benefits of the Proposed Regulations: The benefits of the regulation to the health and welfare of California residents lies in the fact that these regulations will pro- vide greater confidence in the conduct of California’s election activities by providing uniform guidance for the rights and responsibilities of observers of the elec- tions process and elections officials.

These regulations will ultimately benefit California residents as rules for observing elections will be clear and uniformly ap - plied throughout California’s 58 counties. The regulations do not provide any benefits for worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

There are cur - rently no regulations relating to the process of election observations. Any interested person may present statements or ar- guments relevant to the above determinations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 846 INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The SOS has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the SOS’s website.

Copies of the express language of the proposed reg- ulations, any document incorporated by reference, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the SOS contact or on the website listed below. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period.

A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

SECTION 3591.13 The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3591.13 pertaining to the Guava Fruit Fly (GFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email.

The written comment period closes on September 23rd, 2022. The Department will consider only comments received at the Department offices by that date or post- marked no later than September 23rd, 2022. Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Dean Kelch.

In his ab- sence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Follow- ing the public hearing, if one is requested, or follow - ing the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal sub - stantially as set forth without further notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 847 AUTHORITY The Department proposes to amend

Section 3591.13 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763 and 5764 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending California Code of Regulations (CCR) 3591.13 Guava Fruit Fly Eradi- cation Area is to expand the eradication area for the Guava fruit fly (GFF) in California to include El Do - rado and Placer counties.

This will allow targeted ac - tions for eradication of GFF in El Dorado and Placer counties, if necessary, and reduce the chance of allow- ing natural and artificial dispersal and the subsequent spread of the pest in California. Any necessary erad - ication and quarantine actions taken by the Depart - ment will be in cooperation with the USDA and the affected county agricultural commissioners. EXISTING LAWS & REGULATIONS Existing law, Food and Agricultural Code (FAC)

Section 407, provides that the Secretary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that the Secretary is directed or authorized to administer or enforce. Existing law, FAC

Section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the feasibility of its control or eradication. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and extermi- nate or prevent the spread of any pest that is described in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation will benefit the guava, peach, cher - ry, melons, and tangerines industries (nursery, fruit for domestic use and exports, packing facilities) and the environment (urban landscapes) by expanding the geographic scope of an eradication program to prevent the artificial spread of the GFF over short and long distances. This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal.

There is no existing, comparable federal regulations or statute regulating the intrastate movement of GFF. There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing GFF, and it found that the pro - posed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradication areas for plant pests.

As required by Government Code Sec- tion 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3591.13 and has determined that it is not inconsistent or incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 848 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall conduct environmen- tal analysis pursuant to the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guide- lines (Title 14 California Code of Regulations

Section 15000 et. seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for fruit flies, and thus there is no change to the cost due to these regula- tions. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

Section 3591.13. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

Section 3591.13 will pro- vide authority for the Department to conduct eradi - cation activities against GFF in El Dorado and Placer counties and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3591.13 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor - nia, (3) will have no impact on the expansion of busi - nesses within the State of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 849 adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in.

The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 5.

COMMISSION ON TEACHER CREDENTIALING PROPOSED AMENDMENTS TO REGULATIONS PERTAINING TO TEACHING PERFORMANCE ASSESSMENT The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the added text underlined and the deleted text lined out. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF PROPOSED ACTION The proposed

section 80059 regulation will clari - fy that candidates shall only be required to pass one teaching performance assessment (TPA) when earn - ing multiple credentials and that credentialing pro - grams must collaborate with teacher candidates seek - ing two or more credentials to determine the TPA that best aligns with the candidates’ field placement and career goals. These regulations also make clear the instances when credentialed teachers seeking a subse- quent credential be required or not be required to take and pass a TPA.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed action by fax, through the mail, or by email. The written comment period closes at on Sep - tember 12, 2022. Comments must be received by that time or may be submitted at the public hearing, should one be requested.

Interested parties may fax their re - sponse to (916) 327–3165; write to the Commission on Teacher Credentialing, Attention: Lynette Roby, 1900 Capitol Avenue, Sacramento, California 95811; or sub- mit an email to Lynette.Roby@ctc.ca.gov or Cheryl Hickey at CHickey@ctc.ca.gov. Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission at the hearing.

AUTHORITY AND REFERENCE Requiring a TPA satisfies the performance as - sessment requirement outlined in Education Code 44320.2, which establishes a TPA as one component for recommendation of the Preliminary Multiple Sub - ject, Single Subject, and Education Specialist teaching credentials. These regulations align with the intent in Education Code

section 44320.2(

c) which states that performance assessments be implemented in a man - ner that does not increase the number of assessments required for teacher credential candidates. Education Code

section 44225 authorizes the commission to cre- ate and amend regulations.

SUMMARY OF THE EFFECT OF THE PROPOSED ACTION These TPA requirements for teacher candidates en - rolled in dual/multiple credential programs will main- tain the integrity of the credentials sought while not burdening teacher candidates with multiple measures of the same knowledge, skills and abilities as identi - fied in the credential specific teaching performance expectations (TPE) and ensuring that Education Code

section 44320.2(

c) is clear to candidates and programs. Credentialing programs in collaboration with teacher candidates seeking two or more preliminary creden - tials will be able to determine the TPA that best aligns with the candidate’s field placement and career goals.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 850 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations

Section 44259(b)(3)(

A) of the Education Code estab- lishes the minimum requirements for earning a Pre - liminary Multiple or Single Subject teaching creden - tial, which includes passage of a teaching performance assessment (TPA) approved by the Commission. AB 320 (Medina, Chap. 663, Stats. 2021) added passage of a TPA to the requirements for earning an Educa - tion Specialist Credential. Education Code

section 44320.2(

c) requires that the Commission “implement the performance assessment in a manner that does not increase the number of assessments required for teacher credential candidates prepared in this state.” Currently, a teacher candidate in a preparation pro - gram is required to complete a TPA that is Commis - sion approved and is consistently applied to candidates in similar preparation programs.

Objectives and Anticipated Benefits of the Proposed Regulations The Commission anticipates that the proposed reg - ulations will benefit the welfare of candidates as they will maintain the integrity of the credentials sought while not burdening teacher candidates with multiple measures of the same knowledge, skills and abilities as identified in the credential specific TPEs and en - suring that Education Code

section 44320.2(

c) is clear to candidates and programs. The regulation will also clarify that credentialing programs must collaborate with teacher candidates seeking two or more creden - tials to determine the TPA that best aligns with the candidates’ field placement and career goals. Addi - tionally, the regulations make clear the instances when credentialed teachers seeking a subsequent credential be required or not be required to take and pass a TPA.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern TPA requirements as applied to candidates seeking multiple credentials. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations.

LOCAL MANDATE These proposed regulations will not impose a man - date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Lo - cal education agencies may choose sponsor educator preparation programs utilizing the proposed regu - lation; however no mandate exists that require local agencies or school districts to have educator prepa - ration programs and, therefore, no reimbursement in accordance with

Part 7 (commencing with

section 17500) of the government code is required. FISCAL IMPACT Costs to any local agency or school districts requiring reimbursement pursuant to Government Code

section 17500 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring reimburse - ment in accordance with

Part 7 (commencing with

section 17500) of the Government Code as sponsoring an educator preparation program which is aligned to the proposed regulations and is not required by law. Cost or savings to any state agency. None. Sponsoring an educator preparation program that is aligned to the proposed regulations is not re - quired by law. Other non–discretionary costs or savings imposed upon local agencies. None. Sponsoring an educator preparation program that is aligned to the proposed regulations is not re - quired by law. Cost or savings in federal funding to the state. None.

Sponsoring an educator preparation program that is aligned to the proposed regulations is not re - quired by law. HOUSING COSTS No significant effect on housing costs exists. The proposed regulations do not intersect with the cost of housing. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Commission has concluded there is no signif - icant adverse impact on business. Only Commission approved credentialing programs administer the TPA.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 851 STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California The Commission concludes that it is unlikely that the proposal will create or eliminate a significant number of jobs within the State of California. All Commission approved credential programs utilize the Commission’s model CalTPA, the edTPA and FAST to administer the TPAs. These programs have not in - dicated any elimination of jobs.

Creation of New Businesses or Elimination of Existing Business within California The Commission concludes that it is unlikely that the proposal will create any new businesses or elimi - nate any existing businesses within the State of Cali - fornia since the educational institutions are California State Universities, Universities of California, private four–year colleges and universities, or local education agencies, none of which meet the definition for small business.

Expansion of Businesses Currently Doing Business within the California The Commission concludes that it is unlikely the proposal would cause the expansion of businesses currently doing business within the State of Califor - nia since the TPAs are administered by Commission approved programs including CalTPA, edTPA or the Fresno Assessment of Student Teachers (FAST). Pro- grams have not indicated any creation or elimination of jobs as a result of the proposed regulations.

Benefits of the Regulations The Commission anticipates that the proposed reg - ulations will continue to benefit the health and welfare of California residents by ensuring that candidates who earn multiple credentials are not burdened with additional assessment, while still ensuring that educa- tors in California are well prepared to meet the needs of public school students. The Commission does not anticipate that these regulations will result in a direct benefit to worker safety or the state’s environment.

COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT This proposal does not require a business report to be made. EFFECT ON SMALL BUSINESS The proposed regulations will not have a signifi - cant adverse economic impact upon small business. The proposed regulations apply only to educational institutions electing to offer or offering Commission– approved and accredited educator programs.

Educa - tional institutions are California State Universities, Universities of California, private four–year colleges and universities, or local education agencies, none of which meet the definition for small business as defined in government code 11342.610. Most Commission ap- proved program sponsors are nonprofit educational in- stitutions. A very few institutions of higher education approved by the Commission at this time are for profit businesses.

Because offering an educator preparation program is voluntary, any institution must evaluate whether they have sufficient resources to offer a high– quality preparation program in accordance with the state adopted standards, state statute, and regulations ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro - posed action, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/ FURTHER INFORMATION General or substantive inquiries concerning the pro- posed action may be directed to Kathryn Taylor by telephone at (916) 445–0229, by mail at Commission on Teacher Credentialing: Attention: Regulations, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to Lynette Roby ( Lynette.roby@ctc.ca.gov) or Cheryl Hickey ( CHickey@ctc.ca.gov).

General ques - tion inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available. This in- formation is also available on the Commission’s web-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 852 site at http://www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address.

As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Ini - tial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons. Copies may be obtained by contacting Ly- nette Roby at the addresses or telephone number pro - vided above.

MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non– substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Final Statement of Reasons may be obtained by con - tacting Lynette Roby at Lynette.Roby@ctc.ca.gov or Cheryl Hickey at CHickey@ctc.ca.gov. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD GENERAL INDUSTRY SAFETY ORDERS TITLE 8: NEW SECTIONS 3205, 3205.1, 3205.2, AND 3205.3 COVID–19 PREVENTION NOTICE IS HEREBY GIVEN that the Occupa - tional Safety and Health Standards Board (Board, or OSHSB) proposes to adopt, amend or repeal the fore - going provisions of title 8 of the California Code of Regulations (CCR) in the manner described in the In - formative Digest, below.

PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on September 15, 2022, in the Coastal Hearing Room of the Cal/EPA Building at 1001 I Street, Sacramento, California as well as via the following: ● Video–conference at www.webex.com (meeting ID 268 984 996) ● Teleconference at (844) 992–4726 (Access code 268 984 996) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At this public hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written com - ment period commences on July 29, 2022, and closes at 5:00 p.m. on September 15, 2022 . Comments re - ceived after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By e–mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

section 142.3 establishes the Board as the only agency in the State authorized to adopt oc - cupational safety and health standards. In addition,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 853 Labor Code

section 142.3 requires the adoption of occupational safety and health standards that are at least as effective as federal occupational safety and health standards.

Section 142.3 permits the Board to prescribe suitable protective equipment and control or technological procedures to be used in connection with occupational hazards and to provide for monitor- ing or measuring employee exposure for the protection of employees.

Section 142.3(

c) also requires standards to include specific warnings to ensure that employees are apprised of all hazards to which they are exposed, and medical testing to assess exposure at no cost to the employee. These proposed regulations will imple- ment, interpret, and make specific Labor Code

section 142.3. Additionally, Labor Code

section 144.6 requires the Board, when dealing with standards for toxic materi - als and harmful physical agents (includes biological agents — bacteria, virus, fungus, etc.), to “adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impair- ment of health or functional capacity even if such em- ployee has regular exposure to a hazard regulated by such standard for the period of his working life.” Sec- tion 144.6 also requires that the Board base standards on research, demonstrations, experiments and other appropriate information, taking into consideration the latest scientific literature, the reasonableness of the standards, and the experience gained under the health and safety laws.

Labor Code

section 6409.6, among other things, requires employers to provide certain written notifi - cation to employees, employers of subcontracted em - ployees, and employees’ exclusive representative of potential exposure to COVID–19, as well as notifica- tion on the employer’s disinfection and safety plan. Authority: Labor Code

section 142.3. Reference: Labor Code sections 142.3, 144.6, and 6409.6. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW On May 20, 2020, the Board received Petition 583 (the Petition), filed by Worksafe and the National Law- yers’ Guild, Labor & Employment Committee (Peti - tioners), requesting the Board amend title 8 standards to create new temporary emergency standards. 1 Peti- tioners requested the Board provide specific protec - tions to California employees who may have exposure to COVID–19, but who are not protected by the Aero- 1 Occupational Safety and Health Standards Board (OSHSB).

Petition 583 submitted by Worksafe and the Labor & Employ - ment Committee of the National Lawyers Guild. https://www.dir. ca.gov/oshsb/documents/petition–583.pdf. sol Transmissible Diseases (ATD) standards (sections 5199 and 5199.1). The Board directed Board staff to prioritize the evaluation of this petition and the efficacy of existing regulations to address the health and safety of workers in the wake of the novel coronavirus.

The evaluation process included an analysis of current regulations, finding that while protections exist in the title 8 ATD standards, they are limited in scope primarily to med - ical facilities. Employers not included in the scope of the ATD standards have generally applicable require - ments, which include the Injury and Illness Preven - tion Program (IIPP) (section 3203), Washing Facilities (sections 1527, 3366, 3457, and 8397.4), Personal Pro- tective Equipment (PPE) (section 3380), Respiratory Protection (section 5144), Sanitation (article 9), and Control of Harmful Exposures (section 5141).

While existing regulations (such as IIPP,

section 3203) require employers to protect workers from harm- ful exposures, they do not necessarily identify specific measures that must be taken to fight the spread of a novel infectious disease. Instead, the responsibility is placed on employers, given their intimate knowledge of the hazards at issue and the workings of the place of employment, to devise such methods or procedures. Throughout the course of the pandemic, the Division of Occupational Safety and Health (Division, or Cal/ OSHA) issued guidance for employers regarding safe reopening.

This guidance, much of which was issued jointly with other state agencies, included industry– specific information. Nonetheless, cases began to rise precipitously in October and November 2020. Guid - ance was not sufficient to address the increase in cases and the risk of occupational spread. Furthermore, the proposed emergency regulations introduced specific requirements, such as employer–provided testing, that were critical to reduce occupational spread during the ongoing rise in infections. The threat of exponential growth in COVID–19 cases demanded immediate action.

During its September 17, 2020, meeting, the Board considered the Petition, which requested an emergen - cy rulemaking to address the potential harm posed to workers by COVID–19. 2 The Petition sought adoption of an emergency standard that would apply to employ- ees in any facility, service category, or operation not covered by title 8, sections 5199 or 5199.1. In addition, the Petition sought a permanent regulation to protect employees from infectious diseases, including those caused by novel pathogens.

Given the unprecedented nature of the COVID–19 pandemic, and informed by analysis performed by Board staff and the Division, at 2 OSHSB. Petition 583 submitted by Worksafe and the Labor & Employment Committee of the National Lawyers Guild. https:// www.dir.ca.gov/oshsb/documents/petition–583.pdf.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 854 the September 17, 2020, meeting, the Board found a specific emergency regulation in title 8 was necessary to provide clear instructions to employers and employ- ees on what needs to be done to protect workers from COVID–19, eliminating any confusion and enhancing compliance.

The Board requested the Division work with Board staff to expeditiously submit a proposal for an emergency regulation to protect all workers not covered by sections 5199 and 5199.1 from COVID–19 exposure in the workplace, for consideration no later than the November 19, 2020, Board meeting. The Board voted to grant Petition 583 in part, agree- ing that “COVID–19 is a hazard to working people” and that “an emergency regulation would enhance worker safety.” The Board requested that the Division draft an emergency rulemaking proposal to protect all workers not covered by

section 5199 from COVID–19 exposure in the workplace. 3 On November 19, 2020, the Board approved the adoption of title 8 sections 3205 and 3205.1–3205.4. These emergency regulations became effective on November 30, 2020. Due to the ongoing nature of the pandemic, the need for the emergency temporary stan- dard (ETS) continued. The ETS was readopted, with amendments, on June 17, 2021, and December 16, 2021, with effective dates of June 17, 2021, and January 14, 2022, respectively. On December 16, 2021, Governor Gavin New - som issued Executive Order N–23–21, which waived the limitations found in Government Code

section 11346.1(

h) and allowed a third readoption of the ETS. 4 The ETS was again readopted, with amendments, on April 21, 2022, with an effective date of May 6, 2022. Per Executive Order N–23–21, the third readoption of the ETS shall not remain in effect beyond December 31, 2022. The specific changes are as follows: New

Section 3205. C OVID–19 Prevention. Proposed

section 3205 sets forth the requirements for COVID–19 prevention in places of employment. Proposed subsection (

a) limits the effective time of the proposed regulation to two years after its effective date (except for the recordkeeping provisions, which will apply for three years after the regulation’s effec - tive date). Subsection (

a) also sets forth exceptions to the proposed regulation’s general application for the following settings: work locations with one em - ployee who does not have contact with other persons; employees working from home; employees with oc - cupational exposure as defined by

section 5199, when 3 OSHSB. Petition 583 Adopted Decision. https://www.dir. ca.gov/oshsb/documents/petition–583–adopteddecision.pdf . 4 Governor Gavin Newsom. Executive Order N–23–21. https:// www.gov.ca.gov/wp–content/uploads/2021/12/12.16.21–ETS– Readoption–and–Shareholder–Meeting–EO.pdf . covered by

section 5199; and employees teleworking from a location of the employee’s choice, which is not under the control of the employer. The intended effect of this subsection is to inform the regulated public of the duration of the proposed regulation’s application as well as the exceptions to the regulation’s coverage. Proposed subsection (

b) provides

definitions for terms used in sections 3205 through 3205.3. The effect of these

definitions is to establish the exact meanings for the terms as used within the context of the require- ments of these sections. They are necessary to clarify that the terms, as used, may have more specific mean- ing in the context of COVID–19 prevention in the workplace than they would in the more general usage. Proposed subsection (

c) requires that employers ad- dress COVID–19 under

section 3203, IIPP. The writ - ten COVID–19 procedures may be integrated into the employer’s written IIPP or kept as a separate docu- ment. The employer must treat all persons as poten - tially infectious regardless of symptoms, vaccination status, or negative COVID–19 test results. When de - termining measures to prevent COVID–19 transmis - sion and to identify and correct COVID–19 hazards, the employer must review applicable orders and guid- ance from the State of California and the local health department and must treat COVID–19 as an airborne infectious disease.

Employees must receive training regarding COVID–19. The employer’s procedure to investigate COVID–19 illness at the workplace must include elements set forth in the regulation. The em - ployer must have effective methods and/or procedures for responding to a COVID–19 case at the workplace. The intended effect of this subsection is to inform the regulated public of the specific obligations asso - ciated with applying

section 3203 in the context of COVID–19 prevention. Proposed subsection (

d) requires that employers make COVID–19 tests available at no cost, during paid time, to all employees of the employer who had a close contact in the workplace, with the exception of returned cases, as defined in the regulation, and provide them with information on available benefits. The intended effect of this subsection is to increase incentives for regular testing, which is a critical com - ponent of preventing the spread of COVID–19 in the workplace. Proposed subsection (

e) requires that employers notify employees and independent contractors who had a close contact, as well as any employer with an employee who had a close contact. The notice must be provided as soon as possible, and in no case lon - ger than the time required to ensure that the exclu- sion requirements are met. When Labor Code

section 6409.6(

a) or any successor law is in effect, the employ- er must provide notice of a COVID–19 case to em - ployees, employers, and independent contractors at

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 855 the worksite during the infectious period, as defined in the regulation. The employer must also provide the notice to the authorized representative of employees at the worksite. The intended effect of this subsection is to ensure that employers provide timely notice of ex - posure to a COVID–19 case to all possible workplace close contacts, and to clarify and make specific that employers must comply with the notice requirements of Labor Code

section 6409.6. Recordkeeping will make contact tracing possible, and contact tracing is an important intervention for preventing transmission. Proposed subsection (

f) requires that employers provide face coverings and ensure they are worn by employees when required by a California Department of Public Health (CDPH) regulation or order. When a CDPH regulation or order requires face coverings in - doors, that includes spaces within vehicles. Face cov - erings must be clean, undamaged, and worn over the nose and mouth. If an employee is not wearing a face covering pursuant to allowed exceptions, the employer must assess COVID–19 hazards and take necessary action.

The employer must not prevent any employee from wearing a face covering, including a respirator, when not required by the regulation, unless it would create a safety hazard. The intended effect of this sub-

section is to provide the regulated public with clarity regarding the use of face coverings, which are an im - portant non–pharmaceutical intervention to prevent COVID–19 transmission in the workplace. Proposed subsection (

g) states that, upon request, employers must provide respirators for voluntary use to all employees who are working indoors or in vehi - cles with more than one person. Whenever an employer makes respirators for voluntary use available, the em- ployer must encourage their use and must ensure that employees are provided with a respirator of the correct size and that employees are trained how to properly wear the respirator provided; how to perform a user seal check according to the manufacturer’s instruc - tions each time a respirator is worn; and the fact that facial hair interferes with a seal.

The intended effect of this subsection is to clarify the requirements regard - ing the provision and use of respirators for voluntary use. As with other forms of face coverings, respirators for voluntary use represent an important intervention to prevent COVID–19 transmission in the workplace. However, respirators must be fitted and used properly to provide the intended level of protection. This sub - section, therefore, will ensure that employers under - stand their obligations not only to provide respirators for voluntary use upon request, but also to train em- ployees on respirator use and fit.

Proposed subsection (

h) sets forth requirements re - lating to air quality and ventilation in indoor work - places. Employers must review guidance from CDPH and the Division regarding ventilation, evaluate whether current ventilation is adequate to reduce the risk of transmission if a COVID–19 case enters the workplace, and where it is not adequate, implement changes as necessary. In vehicles, the employer must maximize the supply of outside air, except when doing so would cause a hazard to employees or expose them to inclement weather. A place of employment subject to COVID–19 outbreaks provisions must continue to comply with the ventilation requirement under the COVID–19 outbreaks

section even after the outbreak has passed. The intended effect of this subsection is to ensure that employers will improve ventilation at their worksites. Improved ventilation has been shown to reduce COVID–19 transmission. 5 Proposed subsection (

i) addresses employees in work settings that are exempt from

section 5199, who are exposed to procedures that may aerosolize poten - tially infectious material such as saliva or respiratory tract fluids. Under this subsection, employers must evaluate the need for respiratory protection to prevent COVID–19 transmission under

section 5144 and must comply with that section. The intended effect of this subsection is to ensure that employers take additional steps to protect employees who are exempt from sec - tion 5199, but are nonetheless exposed to aerosolizing procedures that could potentially transmit COVID–19, from COVID–19 transmission. Proposed subsection (

j) describes the reporting and recordkeeping requirements of the proposed section. Employers must report information about COVID–19 cases and outbreaks at the workplace to the local health department whenever required by law, and must pro - vide any related information requested by the local health department. The employer must keep a record of and track all COVID–19 cases with information re- quired by the regulation. The employer must also keep a record of persons who had a close contact. The em - ployer must retain the notices required by the regula - tion.

Personal identifying information of COVID–19 cases or persons with COVID–19 symptoms, and any employee medical records required by the regulation, must be kept confidential unless disclosure is required or permitted by law. The intended effect of this sub -

section is to inform employers of their specific re - porting and recordkeeping obligations with respect to COVID–19 cases and close contacts. Recordkeeping makes contact tracing possible, and contact tracing is a key component of combatting community and work- place transmission of COVID–19. 5 United States Environmental Protection Agency (EPA). Ventilation and Coronavirus (COVID–19). Accessed on Novem - ber 6, 2020. https://www.epa.gov/coronavirus/ventilation–and– coronavirus–covid–19 ; CDC. COVID–19 Employer Information for Office Buildings, Updated April 7, 2021.

Accessed on May 18, 2022. https://public4.pagefreezer.com/browse/CDC%20Covid% 20Pages/11–05–2022T12:30/https://www.cdc.gov/coronavirus/ 2019–ncov/community/office–buildings.html.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 856 Proposed subsection (

k) provides that the Division may, pursuant to title 8,

section 332.3, require an em - ployer to take additional actions to protect employees against COVID–19 hazards through the issuance of an Order to Take Special Action. The intended effect of this subsection is to make explicit that the Division can use

section 332.3 as another tool in preventing COVID–19 transmission in the workplace. New

Section 3205.1. COVID–19 Outbreaks. Proposed

section 3205.1 sets forth requirements for COVID–19 outbreaks. Subsection (

a) describes the scope of proposed sec - tion 3205.1, clarifying that it applies to workplaces covered by

section 3205 if three or more employee COVID–19 cases within an exposed group, as defined in the regulation, visited the workplace during their infectious period during a 14–day period, unless a CDPH regulation or order defines outbreak different - ly, in which case this

section applies when the number of cases at the workplace constitutes an outbreak un - der CDPH’s definition. This

section applies until there are no new COVID–19 cases detected in the exposed group for a 14–day period. The intended effect of this subsection is to inform the regulated public about the conditions under which the proposed regulation ap - plies to workplaces covered by proposed

section 3205. Proposed subsection (

b) sets forth the requirements for testing during a workplace outbreak: the employer must make COVID–19 testing available at no cost to employees within the exposed group, and then make testing available on a weekly basis to all employees in the exposed group who remain at the workplace. Em - ployees who had close contacts must provide a neg - ative COVID–19 test taken within three to five days after the close contact or must be excluded from the workplace for the same period that COVID–19 cas - es are excluded. The intended effect of this subsection is to ensure that employers follow increased testing guidelines when outbreaks occur at their workplace. Proposed subsections (

c) and (

d) address the use of face coverings during outbreaks: under subsection (c), employees in the exposed group must wear face cov - erings when indoors, or when outdoors and less than six feet from another person, while under subsection (

d) the employer must notify employees of their right to request and receive a respirator for voluntary use. The intended effect of both subsections is to increase the use of face coverings and respirators for volun - tary use (if requested) to slow or stop transmission of COVID–19 during an outbreak. Proposed subsection (

e) describes the actions an employer must take to investigate, review, and cor - rect hazards relating to COVID–19 outbreaks. The employer must immediately perform a review of po - tentially relevant COVID–19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID–19. The intended effect of this subsection is to ensure that an investigation and review is conducted and COVID–19 hazards are iden- tified and corrected to control and prevent further spread of COVID–19 in a workplace in which an out- break has occurred. Proposed subsection (

f) addresses ventilation in the outbreak context. Indoors, if there is mechanical ventilation, the employer must use at least Minimum Efficiency Reporting Value (MERV)–13 filters, or the highest level of filter compatible with the exist - ing ventilation system. The employer must use High Efficiency Particulate Air (HEPA) units in indoor areas where ventilation is inadequate to reduce the risk of COVID–19 transmission. The intended effect of this subsection is to reduce employee exposure to COVID–19 in the workplace by improving ventila - tion, as filtering the air reduces the concentration of potentially infectious material in the indoor air. Proposed subsection (

g) addresses major outbreaks. A major outbreak has occurred when there are 20 or more employee COVID–19 cases in an exposed group within a 30–day period. COVID–19 testing must be required of all employees in the exposed group at least twice a week. Employees in the exposed group must be tested or must be excluded from the workplace for the same period that COVID–19 cases are excluded. The employer must report the outbreak to the Divi - sion. The employer must provide respirators for volun- tary use to employees in the exposed group, encourage their use, and provide employees training on the respi- rators.

When any employees in the exposed group are not wearing respirators required by the employer, the employer must separate these employees from other persons by at least six feet, except where not feasible or during momentary exposure while persons are in movement.

The intended effect of this subsection is to ensure that, in major outbreak situations, employers take specific additional precautions in addition to the precautions required for outbreaks: testing more em - ployees, more frequently; reporting major outbreaks to the Division; providing respirators for voluntary use, encouraging the use of respirators, and training employees on the use of respirators; and requiring dis- tancing measures for employees who do not wear res- pirators when required by the employer. New

section 3205.2. COVID–19 Prevention in Employer–Provided Housing. Proposed

section 3205.2 sets forth the requirements for COVID–19 prevention in employer–provided housing. Proposed subsection (

a) limits the effective time of the proposed section, and defines “employer–provided housing.” The intended effect of this subsection is to inform the regulated public of the duration of the pro- posed regulation’s application, and to clarify what con-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 857 stitutes employer–provided housing for purposes of this section. Proposed subsection (

a) also includes four exceptions to coverage. The first exemption, housing that is provided for emergency response and support activities, recognizes that the imminent risks associ - ated with an emergency response operation supersede the risks associated with not enforcing the proposed housing requirements in emergency–response opera - tions.

The second exemption, housing in which all res- idents maintained a household together before living in employer–provided housing (for example, family members), recognizes that individuals who maintain a household together are assumed to spend time in close proximity to one another within their household. The third exemption, employees with occupational exposure as defined by

section 5199, when covered by

section 5199, clarifies that the requirements of sec- tion 5199, rather than proposed

section 3205.2, apply to employees covered by

section 5199. Finally, the fourth exemption, housing used exclusively to house COVID–19 cases or where a housing unit houses one employee, recognizes the reality that these two hous - ing conditions do not present a great risk of potential transmission of COVID–19 to their resident(s). Proposed subsection (

b) requires employers to as - sign employee housing in a manner that prioritizes keeping households, and cohorts that work or travel together, within the same housing unit. The intend - ed effect of this proposed subsection is to reduce the spread of COVID–19 transmission in both the work - place and employer–provided housing by minimizing the number of different individuals who come into close contact with each other. Proposed subsection (

c) requires that employers maximize the quantity and supply of outdoor air and increase filtration efficiency to the highest level com - patible with the existing ventilation system. If there is not a MERV–13 or higher filter in use, portable or mounted HEPA filtration units must be used in all sleeping areas. The intended effect of this proposed subsection is to reduce the indoor concentration of the virus, thereby reducing the risk of employee exposure to COVID–19 in each employer–provided housing unit.

Evidence exists that increased ventilation and air filtration, when used along with the other control measures, such as face coverings and cleaning, can re- duce risk from airborne transmission of COVID–19. 6 In shared sleeping areas, where people remain for 6 United States Environmental Protection Agency (EPA). Ven - tilation and Coronavirus (COVID–19). Accessed on November 6, 2020. https://www.epa.gov/coronavirus/ventilation–and– coronavirus–covid–19; CDC. COVID–19 Employer Information for Office Buildings, Updated April 7, 2021.

Accessed on May 18, 2022. https://public4.pagefreezer.com/browse/CDC%20Covid% 20Pages/11–05–2022T12:30/https://www.cdc.gov/coronavirus/ 2019–ncov/community/office–buildings.html. hours without face coverings, filtration is especially valuable. Proposed subsection (

d) requires employers to pro - vide face coverings to all residents and provide infor - mation to residents on when they should be used. The intended effect of this subsection is to encourage the use of face–coverings, which are a non–pharmaceuti - cal intervention that has been shown to reduce trans - mission of COVID–19. Proposed subsection (

e) requires employers to en - courage residents to report COVID–19 symptoms to the employer. The intended effect of this subsection is to allow employers to respond effectively to employee symptoms to prevent or reduce the risk of transmis - sion of COVID–19 in the workplace and employer– provided shared housing units. Proposed subsection (

f) requires employers to es - tablish, implement, and maintain effective policies and procedures for COVID–19 testing of residents who had a close contact or COVID–19 symptoms, and communicate these policies and procedures to the residents. The intended effect of this subsection is to minimize the transmission of COVID–19 in employer–provided housing; diagnostic testing iden - tifies which residents are infected and need isolation to prevent further spread to employees and residents. Proposed subsection (

g) requires employers to iso - late COVID–19 cases from all residents who are not COVID–19 cases, and effectively quarantine persons who had a close contact from all other residents in the employer–provided shared housing unit. The in - tended effect of this subsection is to limit transmis - sion of COVID–19 in the workplace and employer– provided housing by requiring that residents who are COVID–19 cases isolate to further prevent the spread to other residents New

section 3205.3. C OVID–19 Prevention in Employer–Provided Transportation. Proposed

section 3205.3 sets forth the requirements for COVID–19 prevention in employer–provided transportation. Proposed subsection (

a) limits the effective time of the proposed section, and defines “employer–provided transportation.” The intended effect of this subsection is to inform the regulated public of the duration of the proposed regulation’s application, and to clarify what constitutes employer–provided transportation for pur - poses of this section. Proposed subsection (

a) also in - cludes three exceptions to coverage. The first excep - tion, which applies to employees alone in a vehicle, employees taking public transportation, or vehicles in which the driver and all passengers are from the same household outside of work, recognizes that: a lone driver in a vehicle neither is at risk of a COVID–19 exposure nor presents a potential risk of COVID–19 exposure to other employees; public transit is dis -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 858 similar to other forms of employer–provided trans - portation because employers lack direct control over public transportation; and individuals who maintain a household together are assumed to spend time in close proximity to one another within their household.

The second exception, employer–provided transporta- tion for emergency response, recognizes that the im - minent risks associated with an emergency response operation supersede the risks associated with not en - forcing the proposed transportation requirements in emergency–response operations. Finally, the third ex- ception, employees with occupational exposure as de- fined by

section 5199, when covered by

section 5199, clarifies that the requirements of

section 5199, rather than proposed

section 3205.3, apply to employees cov- ered by

section 5199. Proposed subsection (

b) requires employers to com- ply with the requirements of

section 3205 within a vehicle and respond to a COVID–19 case within the vehicle in accordance with the requirements of sec - tion 3205. The intended effect of this subsection is to minimize employees’ exposure to COVID–19 hazards in employer–provided motor vehicle transportation, because being in a vehicle with another person rep - resents a condition in which airborne transmission of COVID–19 may occur. Proposed subsection (

c) requires employers to as - sign transportation such that cohorts travel and work together, separate from other workers. To the extent feasible, employees who usually maintain a household together must travel together. The intended effect of this subsection is to limit the number of different indi- viduals who come into close contact with each other while using employer–provided transportation, rec - ognizing that individuals who maintain a household together are assumed to spend time in close proximity to one another within their household.

FEDERAL REGULATIONS AND STATUTES There is no existing federal Occupational Safety and Health Administration (OSHA) standard that governs airborne exposure to infectious disease such as SARS– CoV–2 in general industry. However, the federal Oc - cupational Safety and Health Act of 1970’s General Duty Clause,

section 5(a)(1), requires employers to provide their workers with a safe and healthful work - place free from recognized hazards that are causing or are likely to cause death or serious physical harm. Federal OSHA has used the General Duty Clause to address conditions that are not subject to other feder - al regulations, such as exposure to harmful airborne pathogens, such as SARS–CoV–2. From September 9, 2020, to November 11, 2021, federal OSHA issued 26 COVID–19 related citations under the General Duty Clause.

However, federal OSHA has concluded that it was not adequate to protect employees, particularly unvaccinated employees, from the grave danger of be- ing infected by, and suffering death or serious health consequences from, COVID–19. Under the General Duty Clause, federal OSHA cannot require abatement before proving in the enforcement proceeding that an existing condition at the workplace is hazardous.

The proposed regulation would allow Cal/OSHA to cite employers for each protective requirement not implemented without the need to wait for employee infection or death to prove in an enforcement proceed- ing that the particular cited workplace was hazardous without that particular measure in place. Other federal OSHA regulations, such as those gov- erning respiratory protection (29 Code of Federal Reg- ulations (CFR)

section 1910.134), sanitation and wash- ing facilities (29 CFR

section 1910.141), PPE (29 CFR sections 1910.132, 1910.133, and 1910.138), employee access to medical and exposure records (29 CFR sec - tion 1910.1020), and the mandatory COVID–19 Health Care ETS which became effective June 21, 2021 (29 CFR

section 1910.502), are similar to their counterpart regulations in title 8 of the CCR. The federal OSHA regulation governing temporary labor camps (29 CFR

section 1920.142) is more detailed than its counterpart regulation in title 8,

section 3350. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATION The Board evaluated the proposed regulations pur - suant to Government Code subsection 11346.5(a)(3)(

D) and has determined that the regulations are not in - consistent or incompatible with existing state regula - tions. This proposal is part of a system of occupation - al safety and health regulations. The consistency and compatibility of that system’s component regulations is provided by such things as: (1) the requirement of the federal government and the Labor Code that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state oc - cupational safety and health rulemaking be channeled through a single entity (the Board).

ANTICIPATED BENEFITS COVID–19 is a pandemic disease, found in every county in California, every state in the United States, and nearly every country in the world. While a high percentage of individuals affected by COVID–19 will experience mild to moderate flu–like symptoms, some will have more serious symptoms and will require hospitalization, particularly individuals who are el -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 859 derly or have underlying medical conditions.7 Serious symptoms of COVID–19 include shortness of breath, difficulty breathing, pneumonia, and organ failure, and COVID–19 can result in death. 8 The virus can damage the lungs, heart, and brain, and can cause long–term health problems. 9 As of April 19, 2022, there have been 8,550,657 cas- es of COVID–19 and 89,054 COVID–19 deaths in Cal- ifornia.10 The case numbers represent an undercount, as the data include only cases identified by a positive polymerase chain reaction (PCR) test and exclude cas- es identified by a positive antigen test. 11 The SARS–CoV–2 virus that causes COVID–19 is an airborne transmissible pathogen. 12, 13 The virus is readily transmissible in workplaces because there are areas where multiple people come into contact with one another, often for extended periods of time.

When employees report to their workplaces, they may regu- larly come into contact with co–workers, the public, delivery people, patients, and other people who enter the workplace. Workplace factors that exacerbate the risk of transmission of the virus include working in in- door settings, working in poorly ventilated areas, and spending hours in close proximity with others. Even in the cases where workers can do most of their work from, for example, a private office within a workplace, they share common areas like hallways, restrooms, lunch rooms, and meeting rooms.

Many work areas are poorly ventilated. 7 Centers for Disease Control and Prevention (CDC). Evidence used to update the list of underlying medical conditions that in - crease a person’s risk of severe illness from COVID–19, updated February 15, 2022. Accessed on April 21, 2022. https://www.cdc. gov/coronavirus/2019–ncov/need–extra–precautions/evidence– table.html. 8 Wiersinga WJ, Rhodes A, Cheng AC, Peacock SJ, Prescott HC. Pathophysiology, Transmission, Diagnosis, and Treatment of Coronavirus Disease 2019 (COVID–19): A Review. JAMA. July 10, 2020; 324(8):782–793. doi:10.1001/jama.2020.12839.

Ac- cessed April 21, 2022. https://jamanetwork.com/journals/jama/ fullarticle/2768391. 9 CDC. Post–COVID Conditions, updated September 16, 2021. Accessed 4–21–22. https://www.cdc.gov/coronavirus/2019–ncov/ long–term–effects/index.html . 10 C a l i f o r n i a D e p a r t m e n t o f P u b l i c H e a l t h ( C D P H ) . T r a c k- ing COVID–19 in California. “Today’s Update,” updated April 19, 2022. Accessed April 20, 2022. https://web.archive.org/ web/20220420212321/https://covid19.ca.gov/state–dashboard/. 11 California Health and Human Services (CHHS).

COVID–19 Cases Deaths Tests Data Dictionary, updated March 20, 2021; accessed February 10, 2022. https://data.chhs.ca.gov/dataset/ f333528b–4d38–4814–bebb–12db1f10f535/resource/e6667716– 5ec6–499f–aeab–0e085020135a/download/covid–19_cases_ deaths_tests_data_dictionary.xlsx . 12 An airborne transmissible pathogen is a pathogen transmitted through dissemination of airborne droplet nuclei, small particle aerosols, or dust particles containing the disease agent. 13 CDC. Scientific Brief: SARS–CoV–2 Transmission. May 7, 2021.

Accessed April 23, 2022. https://www.cdc.gov/coronavirus/ 2019–ncov/science/science–briefs/sars–cov–2–transmission. html. Data for the number of cases of COVID–19 infec - tion and number of hospitalizations and deaths attrib - utable to workplace exposure to COVID–19 is not currently available; however, the numbers are likely substantial, particularly among essential workers and other employees who interact with the public, due to workers’ exposure to persons outside of one’s house - hold, along with the close proximity among persons practiced in some industries.

Employees infected with COVID–19 at work can transmit the infection to persons in their homes and communities, resulting in an increase in infection rates. Clusters and outbreaks of COVID–19 have occurred in workplaces throughout California, including in food manufacturing, agricultural operations, educa- tional services, retail establishments, and warehouses, among other industries. There has been an overrepresentation of migrant temporary farmworkers testing positive for COVID–19 in California compared with workers in other indus - tries.

Many of these workers live in compact, dorm– like housing facilities provided by employers. 14 One California health officer noted that “farmworkers face the greatest infection risk not at work, but at home.” 15 In recognition of the need to control against the spread of COVID–19 among farmworkers, Governor New - som unveiled the Housing for the Harvest program, which provides 14 paid days of temporary hotel rooms for California farmworkers who have been exposed to, or tested positive for, COVID–19 but are unable to adequately quarantine at home. 16 In addition, the Centers for Disease Control and Prevention (CDC) has published COVID–19 prevention guidance documents encouraging employers to adopt various workplace control measures for workers residing in communal living arrangements, including employer–furnished 14 VC Star.

Farmworker housing coronavirus outbreak: 188 test positive for COVID–19, dated July 4, 2020. Accessed on Novem- ber 6, 2020. https://www.vcstar.com/story/news/local/2020/07/ 03/oxnard–california–farmworker–housing–covid–19– coronavirus–outbreak/5368774002/ . 15 The Californian. COVID–19 rips through California motel rooms of guest workers who pick nation’s produce, dated Au - gust 26, 2020. Accessed on November 6, 2020. https://www. thecalifornian.com/story/news/2020/08/17/california–motel– guest–farm–workers–coronavirus–case–outbreak/5475182002/ . 16 State of California.

Help for agricultural workers, Housing for the Harvest, updated March 22, 2022. Accessed April 20, 2022. https://covid19.ca.gov/housing–for–agricultural–workers/ .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 860 housing, and workers traveling to and from work in shared motor vehicles.17 Occupational safety and health standards within title 8 of the CCR protect workers from hazards in general. However, other than those employees who are covered under

section 5199, there is currently no specific regulation that protects all workers from ex - posure to airborne diseases such as COVID–19. The proposed regulation is necessary to combat the spread of COVID–19 in California workers. The pro - posed regulation would significantly reduce the num - ber of COVID–19 related illnesses, disabilities and deaths in California’s workforce.

COVID–19 vaccination has been shown to reduce the incidence of serious illness or death among those infected with COVID–19. 18 H o w e v e r , a s e r i o u s h a z- ard to employees remains, as evidenced by the emer - gence of the Delta and Omicron variants of SARS– CoV–2.

For the Delta variant, viral loads were found to be on average about 1,000 times greater than the SARS–CoV–2 (alpha) lineages present during the first months of the pandemic. 19 The risk of hospital admis - sion, intensive care unit (ICU) admission, and death for COVID–19 was much higher for individuals in - fected with the Delta variant, as compared to strains that were not “variants of concern.” The need for ICU admission increased 241 percent and the likelihood of death increased 121 percent. 20 Beginning in December 2021 and continuing into April 2022, the Omicron variant emerged as domi - nant, proving at least two to four times more transmis- sible than the Delta variant.21 Exposure to the Omicron variant could result in “breakthrough infections” amongst vaccinated per - 17 CDC.

Agriculture Workers & Employers, updated November 6, 2020. Accessed on April 20, 2022. https://web.archive.org/ web/20201106163831/https://www.cdc.gov/coronavirus/2019– ncov/community/guidance–agricultural–workers.html CDC. COVID–19 Guidance for Shared or Congregate Housing, updated Aug. 22, 2020. Accessed on April 20, 2022. https://web.archive. org/web/20201106144800/https://www.cdc.gov/coronavirus/ 2019–ncov/community/shared–congregate–house/guidance– shared–congregate–housing.html. 18 Tenforde MW, Self WH, Adams K, et al. Association Between mRNA Vaccination and COVID–19 Hospitalization and Disease Severity.

JAMA. November 4, 2021;326(20):2043–2054. Accessed on April 21, 2022. doi:10.1001/jama.2021.19499. 19 Baisheng Li, et al. Viral infection and transmission in a large, well–traced outbreak caused by the SARS–CoV–2 Delta variant. Nat Commun. 2022 Jan 24;13(1):460. Accessed on April 21, 2022. https://pubmed.ncbi.nlm.nih.gov/35075154/. 20 Fisman DN and Tuite AR. Evaluation of the relative virulence of novel SARS–CoV–2 variants: a retrospective cohort study in Ontario, Canada. CMAJ. October 5, 2021. Accessed on April 21, 2022. https://pubmed.ncbi.nlm.nih.gov/34610919/. 21 CDPH.

Tracking Variants, dated February 3, 2022.

Accessed on April 21, 2022. https://web.archive.org/web/20220207170746/ https:/www.cdph.ca.gov/Programs/CID/DCDC/Pages/ COVID–19/COVID–Variants.aspx. sons.22 The highly transmissible Omicron variant re - sulted in a surge of COVID–19 cases in late Decem - ber 2021 into early to mid–January 2022, with levels of cases, emergency department visits, and hospital admissions higher than in previous stages of the pan - demic and the average daily number of deaths remain- ing substantial. 23 Subvariants of Omicron, such as BA.2 and others, have been shown to be even more transmissible than the original Omicron variant. 24 Following recommended prevention strategies, therefore, is critical to preventing infections, severe illness, or death from COVID–19.

Worker protections continue to be urgently needed in the event another variant emerges which can compete successfully with Omicron.

Due to changes in social norms and in feder - al, state, and local requirements that make mask– wearing and physical distancing voluntary, future adherence to these precautions is unlikely. 25 As COVID–19 vaccination has been shown to reduce the incidence of serious illness or death among those in - fected with COVID–19, unvaccinated employees will be particularly at risk for serious illness or death, es - pecially given the spread of highly contagious SARS– CoV–2 variants, unless protective measures are taken.

At this time, non–emergency regulations are neces - sary to continue providing worker protections and fur- thering recovery from the pandemic. The emergence of variants like Delta and Omicron underscores that COVID–19 will likely remain a significant workplace hazard for potentially years to come. As COVID–19 continues to infect workers, the proposed rulemak - ing will reduce the number of COVID–19 infections in the workplace. This in turn will reduce deaths and illnesses among employees and within employees’ communities.

Lower transmission rates decrease the possibility of further state or locally–mandated shut - 22 CDC. Omicron Variant: What You Need to Know, updated March 29, 2022. Accessed on April 21, 2022. https://www.cdc. gov/coronavirus/2019–ncov/variants/omicron–variant.html . 23 Iuliano AD, Brunkard JM, Boehmer TK, et al. Trends in Dis - ease Severity and Health Care Utilization During the Early Omi - cron Variant Period Compared with Previous SARS–CoV–2 High Transmission Periods — United States, December 2020–January 2022. MMWR Morb Mortal Wkly Rep 2022;71:146–152. January 28, 2022.

Accessed March 29, 2022. https://www.cdc.gov/mmwr/ volumes/71/wr/mm7104e4.htm?s_cid=mm7104e4_w. 24 Lyngse FP, Kirkeby CT, Denwood M, et al. Transmission of SARS–CoV–2 Omicron VOC subvariants BA.1 and BA.2: Evi- dence from Danish Households. medRxiv 2022.01.28.22270044. January 30, 2022. Accessed April 21, 2022. doi: https://www. medrxiv.org/content/10.1101/2022.01.28.22270044v1.full.pdf. 25 Bokemper SE, Cucciniello M, Rotesi T, et al. Experimental evidence that changing beliefs about mask efficacy and social norms increase mask wearing for COVID–19 risk reduction: Re - sults from the United States and Italy.

PLoS One. 2021; 16(10): e0258282. Published online October 11, 2021. Accessed April 21, 2022. https://doi.org/10.1371/journal.pone.0258282.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 861 downs, along with the risk of outbreaks at places of employment. The proposed regulations will also re - duce the financial costs caused by medical care and lost workdays, costs that may be borne by employees, their families, employers, insurers, and public benefits programs. Thus, the benefits of the proposed regulation are two–fold:

(1) Monetary benefits, including lowered costs to employers, insurers, employees, their families, and public benefits programs; and

(2) Non–monetary benefits, including a reduction in the pain and suffering associated with COVID–19 illnesses and deaths for those affected, directly or indirectly, by COVID–19. Current regulations are not sufficiently specific as to what employers are required to do during the COVID–19 pandemic. This results in confusion on behalf of both employers and employees, leaving many employees unprotected. This confusion causes the Division to expend staff resources to respond to questions that will be answered by title 8, new sections 3205 through 3205.3. Controlling the spread of COVID–19 is a challenge.

A person who is infected with COVID–19 may have no obvious symptoms, or no symptoms at all, yet still be infectious to others. The Board is proposing new sections 3205 through 3205.3 to provide clear and specific requirements to employers so that they may better protect employees from the harmful effects of COVID–19; avoid a po - tential increase in COVID–19 related fatalities, seri - ous illnesses, and long–term disabilities; and reduce related financial costs to employees, employers, insur- ers, public benefit programs, and taxpayers.

The pro - posed regulations will mitigate costs associated with COVID–19–related company shut–downs, employee absences, hospitalizations, death, responding to agen - cy investigations, increased workers’ compensation insurance rates, personnel replacement expenses, and lost production. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None.

Cost or Savings to State Agencies: Based on information from the California Employ - ment Development Department (EDD), there are ap - proximately 13,600 state government establishments and more than 360,000 state employees covered by the proposed regulation. Table 4.

Summary of Di - rect Costs for State Government Entities in 2023 by NAICS Code, published within the COVID–19 Pre - vention Initial Statement of Reasons available on the OSHSB website, reports the direct costs to state gov - ernment entities in the first year of the proposed regu- lation by two–digit North American Industry Classifi- cation System (NAICS) code. The direct costs to state government entities in 2024 are anticipated to be sim- ilar to the costs in 2023 if COVID–19 infection rates remain the same. Information from Table 4.

Summary of Direct Costs for State Government Entities in 2023 by NAICS Code is also listed below: NAICS 51 — Information 21 Establishments, 96 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1. NAICS 54 — Professional and Technical Services 96 Establishments, 3,483 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to $0.3.

NAICS 56 — Administrative and Waste Services 31 Establishments, 930 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1. NAICS 61 — Educational Services 3,598 Establishments, 213,142 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $6.1, 2023 direct costs (high end estimate in mil - lions) equal to $19.1.

NAICS 62 — Health Care and Social Assistance 1,053 Establishments, 8,729 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $0.7, 2023 direct costs (high end estimate in mil - lions) equal to $2.5. NAICS 71 — Arts, Entertainment, and Recreation 25 Establishments, 480 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1.

NAICS 92 — Public Administration 8,789 Establishments, 134,341 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $9.1, 2023 direct costs (high end estimate in mil - lions) equal to $27.5. TOTAL 13,613 Establishments, 361,201 Covered Employ - ees, 2023 direct costs (primary estimate in millions) equal to $16.1, 2023 direct costs (high end estimate in millions) equal to $49.5. Savings in the current State Fiscal Year. The number of state and local employees that might avoid a COVID–19 infection due to the proposed reg- ulation is highly uncertain. The Department of Indus -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 862 trial Relations (DIR) estimated nearly 1.8 million state and local employees, approximately 14 percent of all affected employees in California, are covered by the proposed regulation. To the extent that the proposed regulation improves the safety and health of public employees — resulting in fewer COVID–19 infec - tions, hospitalizations, and fatalities — the proposed regulation would result in a significant cost savings for public entities.

Given that many state and local employers are likely to be following existing public health orders and recommendations, the benefits to public employees may be smaller relative to the ben - efits to employees of privately–owned businesses. If the benefits of the proposed regulation were distrib - uted proportional to employment in the private and public sectors, as many as 3,000 to 12,000 COVID–19 cases and 20 to 70 COVID–19 deaths of state employ- ees would be avoided each year. This level of bene - fits would yield $9 million to $36 million in avoided productivity losses to state government entities.

Addi- tional benefits due to avoided COVID–19 deaths (not quantified here) would be realized by those state gov - ernment employees and their employers. Cost to Any Local Government or School District Which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: Based on information from the California EDD, there are approximately 19,200 local government es - tablishments and more than 1.4 million local govern - ment employees covered by the proposed regulation. Table 5.

Summary of Direct Costs for Local Gov - ernment Entities in 2023 by NAICS Code within the COVID–19 Prevention Initial Statement of Reasons available on the OSHSB website, reports the direct costs to local government entities in the first year of the proposed regulation by NAICS code. The direct costs to local government entities in 2024 are antici - pated to be similar to the costs in 2023 if COVID–19 transmission rates remain the same. Information from Table 5.

Summary of Direct Costs for Local Govern - ment Entities in 2023 by NAICS Code is also listed below: NAICS 11 — Agriculture, Forestry, Fishing and Hunting 7 Establishments, 79 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1. NAICS 22 — Utilities 702 Establishments, 38,438 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $1.0, 2023 direct costs (high end estimate in mil - lions) equal to $3.2.

NAICS 23 — Construction 106 Establishments, 8,769 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $0.2, 2023 direct costs (high end estimate in mil - lions) equal to $0.7. NAICS 44–45 — Retail Trade 11 Establishments, 253 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1.

NAICS 48–49 — Transportation and Warehousing 440 Establishments, 46,100 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $1.0, 2023 direct costs (high end estimate in mil - lions) equal to $3.6. NAICS 51 — Information 188 Establishments, 8,334 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $0.2, 2023 direct costs (high end estimate in mil - lions) equal to $0.7.

NAICS 52 — Finance and Insurance 29 Establishments, 1,955 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to $0.2. NAICS 53 — Real Estate and Rental and Leasing 63 Establishments, 1,379 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to $0.1.

NAICS 54 — Professional and Technical Services 66 Establishments, 873 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to <$0.1. NAICS 56 — Administrative and Waste Services 116 Establishments, 3,136 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to $0.2.

NAICS 61 — Educational Services 14,192 Establishments, 843,728 Covered Employ - ees, 2023 direct costs (primary estimate in millions) equal to $24.3, 2023 direct costs (high end estimate in millions) equal to $75.6. NAICS 62 — Health Care and Social Assistance 406 Establishments, 22,819 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $1.6, 2023 direct costs (high end estimate in mil - lions) equal to $6.3.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 863 NAICS 71 — Arts, Entertainment, and Recreation 304 Establishments, 34,590 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $0.7, 2023 direct costs (high end estimate in mil - lions) equal to $2.7. NAICS 72 — Accommodation and Food Services 136 Establishments, 22,048 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $0.5, 2023 direct costs (high end estimate in mil - lions) equal to $1.7.

NAICS 81 — Other Services, excluding Public Administration 257 Establishments, 3,320 Covered Employees, 2023 direct costs (primary estimate in millions) equal to <$0.1, 2023 direct costs (high end estimate in mil - lions) equal to $0.3. NAICS 92 — Public Administration 2,224 Establishments, 297,128 Covered Employees, 2023 direct costs (primary estimate in millions) equal to $13.6, 2023 direct costs (high end estimate in mil - lions) equal to $50.5.

TOTAL 19,247 Establishments, 1,332,950 Covered Employ- ees, 2023 direct costs (primary estimate in millions) equal to $43.4, 2023 direct costs (high end estimate in millions) equal to $145.9. Annual savings The number of state and local employees that might avoid a COVID–19 infection due to the proposed reg- ulation is highly uncertain. DIR estimated nearly 1.8 million state and local employees, approximately 14 percent of all affected employees in California, are covered by the proposed regulation.

To the extent that the proposed regulation improves the safety and health of public employees — resulting in fewer COVID–19 infections, hospitalizations, and fatalities — the pro - posed regulation would result in a significant cost savings for public entities. Given that many state and local employers are likely to be following existing public health orders and recommendations, the bene - fits to public employees may be smaller relative to the benefits to employees of privately–owned businesses.

However, DIR notes that the largest share of local gov- ernment employees are in public education, which has accounted for one–third of all COVID–19 outbreaks that are not covered by

section 5199. DIR estimated the proposed regulation would result in avoiding ap - proximately 105,000 to 410,000 COVID–19 cases and 600 to 2,500 COVID–19 fatalities per year. If the benefits of the proposed regulation were distributed proportional to employment in the private and public sectors, as many as 11,000 to 44,000 COVID–19 cases and 70 to 270 COVID–19 deaths of local government employees would be avoided each year. This level of benefits would yield $34 million to $133 million in avoided productivity losses to local governments.

Additional benefits due to avoided COVID–19 deaths (not quantified here) would be realized by those local government employees and their employers. Cost or Savings in Federal Funding to the State: None. Cal/OSHA staff have been enforcing occupational COVID–19 prevention requirements since February 2020. Cal/OSHA has issued guidance and conduct - ed outreach to warn employers that COVID–19 is a workplace hazard under

section 3203. Furthermore, Cal/OSHA staff are currently issuing citations to em - ployers related to COVID–19 hazards based on the ETS, sections 3205–3205.4. Therefore, while DIR assumed that the number and relative complexity and length of investigations would vary significantly with COVID–19 transmission rates, it did not antic - ipate that the level of enforcement activities would change relative to the no regulatory action baseline.

The agency may realize a cost savings if the proposed regulation effectively reduces transmission rates in the workplace, decreasing the number of complaints that the agency receives and the number of investigations it conducts due to the pandemic. Cost Impacts on a Representative Private Person or Business: DIR estimates the reporting and recordkeeping re - quirements of the proposed regulation, including con- tact tracing investigations, would cost between $20.9 million to $83.7 million depending on projections of the baseline transmission rate of COVID–19 in the general population.

A typical business will incur costs of approximately $10 to $50 per establishment. Many businesses will have no occupational COVID–19 ex - posures and will have no recordkeeping costs. Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals, Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, state - wide adverse economic impact directly affecting businesses/individuals, including the ability of Cali - fornia businesses to compete with businesses in other states.

The proposed regulation is unlikely to have a significant impact on the expansion of businesses cur- rently operating in California. The estimated costs of the proposed regulation are relatively small on a per establishment basis; however, the additional require - ments add to the costs of doing business in California. It is assumed that other reasons for doing business in California likely outweigh the costs associated with the proposed regulation.

Furthermore, the proposed regulation will be unlikely to significantly impact the ability of California businesses to compete with busi - nesses in other states, as COVID–19 poses a similar

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 30-Z 864 risk of illness to workers regardless of geographical location. Significant Affect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed regula- tion may affect small businesses. The California legislature defines small business - es as businesses that have fewer than 100 employees, are not dominant in their field, and are independently owned and operated (A.B. 1033, Ch. 346, 2016).

Infor- mation is only available on the number of employees, rather than ownership structure of individual business establishments. Based on information from the Cal - ifornia EDD, among privately owned companies in California approximately 98.8 percent of establish - ments have fewer than 100 employees. This may over- state the number of small businesses because some establishments may be owned or operated by larger companies or companies that are dominant in their field. Based on this information, DIR estimates that there are 1,579,472 small businesses affected by the proposed regulation.

The average expected costs for small businesses are estimated to be relatively small because most work - places are not anticipated to experience widespread COVID–19 outbreaks. Businesses with employees that experience occupational COVID–19 exposures may incur additional costs—however, a portion of these costs are attributable to workers being unable to work due to an illness or hospitalization and are not directly attributable to the proposed regulation. The Board estimates that the average compliance cost for a small business will be between $280 and $850 in 2023, and between $110 and $400 in 2024.

RESULTS OF THE STANDARDIZED REGULATORY IMPACT ASSESSMENT The creation or elimination of jobs in the state. Statewide employment impacts of the proposed reg- ulation may be positive or negative due to countervail- ing macroeconomic impacts. Businesses will increase spending on PPE and ventilation equipment and ser - vices, which may cut into corporate profits but will increase final demand in other industries that supply materials and services to those businesses. However, local supply may not be able to meet the increase

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 30
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	75d7e6e63b2d7c139bd5369a4182d13a5bcc4096

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