You Have the Right to a Safe and Healthy Workplace
Your employer must offer masks, provide for 6 feet of physical distancing at work wherever possible, inform employees of COVID-19 exposure at work, provide training on safe practices, and take additional precautions.You have the Right to Refuse Unsafe Work when your employer does not follow California workplace health and safety requirements. Before refusing to do unsafe work, talk to your employer to see if there are safer alternatives, such as working from home or using proper protective equipment like masks.
For more information, see Your Workplace Rights During COVID-19 Poster: English | Spanish | Chinese (Traditional) | Vietnamese (last updated January 2021; additional languages coming soon).
SUSPECTED OR CONFIRMED CASE OF COVID-19 IN THE WORKPLACE
If you are a worker who suspects or is confirmed to have COVID-19, you should immediately separate yourself from other people at your workplace (e.g., coworkers, consumers, etc.) and go home; if you suspect or are confirmed to have COVID-19 while away from the workplace, you should notify your supervisor and stay home.
In accordance with the Alameda County COVID-19 Isolation Health Order, all individuals who have been diagnosed with or are likely to have COVID-19 must immediately isolate themselves in their home or another residence without leaving their place of isolation, except to receive necessary medical care (see COVID-19 Isolation Instructions: English | Spanish). Workers should not return to work until they have consulted a healthcare provider and/or met the criteria to discontinue home isolation.
There is no guaranteed way to determine whether you have been exposed to COVID-19. If you were within six (6) feet of an individual confirmed or suspected to have COVID-19, for a total of 15 minutes or more, this constitutes a potential exposure. It is important to remember that COVID-19 can be spread via commonly touch areas, tools, and equipment, by which a shared workspace can also constitute a potential exposure.
If you have been exposed to COVID-19 in the workplace, you should notify your supervisor and self-quarantine to monitor signs and symptoms of infection; if possible, you should also get tested for COVID-19. For additional details on where to get tested and how to quarantine after a potential exposure, see COVID-19 Testing Locations and COVID-19 Quarantine Instructions: English | Spanish
Essential Critical Infrastructure Workers are defined as those whose work is required to sustain normal day-to-day services that enable public health and safety, as well as economic and national security. If you are in an essential critical infrastructure worker role have, been exposed to COVID-19 in the workplace, but remain asymptomatic, you can return to work during you 14-day quarantine period, with certain caveats. (See Early Return to Work for Asymptomatic Workers in Critical Infrastructure Who are Quarantined Following COVID-19 Exposure for additional information.)
If you become sick during the day, you should notify your supervisor and go home immediately. (See Critical Workers: Interim Guidance, CDC for additional information.)
If you have reason to believe you have been exposed to COVID-19 by someone you live with, you should notify your supervisor and self-quarantine to monitor signs and symptoms of infection. Given that symptoms may appear 2 to 14 days after initial exposure to the virus, please do not return to work until your quarantine period has ended.
See COVID-19 Quarantine Instructions: English | Spanish and COVID-19 Testing Locations for additional details on how to quarantine after a potential exposure and where to get tested.
RETURNING TO WORK AFTER COVID-19
The Alameda County Public Health Department follows CDC’s symptom-based and time-based strategies to determine when a person with COVID-19 may be released from home isolation. If you are a worker who has stayed home for a suspected or confirmed case of COVID-19, you can discontinue home isolation and return to work once you have met criteria from one of the following strategies in Table 1: COVID-19 Return-to-Work Criteria.
Table 1. COVID-19 Return-to-Work Criteria
Symptom-Based Strategy |
Time-Based Strategy |
With Symptoms |
Without Symptoms |
Persons with COVID-19 who had symptoms and were directed to care for themselves at home may discontinue isolation once all the following three (3) conditions have been met:
|
Persons with laboratory-confirmed COVID-19 who have not had any symptoms and were directed to care for themselves at home may discontinue isolation once the following condition has been met:
|
For additional details, see Alameda County Public Health Department’s Criteria for Returning to Work after Isolation or Quarantine for COVID-19: English | Spanish
Your employer should not require any documentation—such as a negative test result—from you as a worker with COVID-19 to return to work. The Alameda County Public Health Department follows CDC’s symptom-based and time-based strategies to determine when a person with COVID-19 may be released from home isolation.
For additional details about returning to work after COVID-19, see Criteria for Returning to Work after Isolation or Quarantine for COVID-19: English | Spanish and/or Open Letter to Employers Regarding Clearance Testing: English | Arabic | Chinese (Simplified) | Chinese (Traditional) | Khmer | Korean | Spanish | Tagalog | Vietnamese (ACPHD, 8/12/2020)
For additional details about returning to work after COVID-19, see Criteria for Returning to Work after Isolation or Quarantine for COVID-19: English | Spanish and/or Open Letter to Employers Regarding Clearance Testing: English | Arabic | Chinese (Simplified) | Chinese (Traditional) | Khmer | Korean | Spanish | Tagalog | Vietnamese (ACPHD, 8/12/2020)
COVID-19 TESTING
No, not necessarily. Workers may have been exposed to COVID-19 if they were in “close contact” with the individual who tested positive for COVID-19; close contact is defined as being within six (6) feet of an infected individual for a total of 15 minutes or more. If you have reason to believe you had close contact with the individual who tested positive for COVID-19 at your workplace, notify your supervisor and immediately go home to self-quarantine; if you have reason to believe you had close contact with the individual who tested positive for COVID-19 in your workplace, testing is a viable option.
Workers without close contact with the person who tested positive for COVID-19 can return to work immediately after cleaning and disinfection of affected workplace areas.
Workers without close contact with the person who tested positive for COVID-19 can return to work immediately after cleaning and disinfection of affected workplace areas.
No. The Alameda County Public Health Department (ACPHD) follows CDC’s symptom-based and time-based strategies to determine when a person with COVID-19 may be released from home isolation; the ACPHD does not require or encourage the requirement of a negative test result—or any other additional clearance measures—for you to return to work after having COVID-19.
Please note, however, health care personnel and staff at Skilled Nursing Facilities (SNFs), Long-Term Care Facilities (LTCFs), Residential Care for the Elderly (RCFE) and other residential sites, will have additional restrictions when returning to work after having COVID-19. See CDC’s guidance for health care personnel return-to-work criteria.
Please note, however, health care personnel and staff at Skilled Nursing Facilities (SNFs), Long-Term Care Facilities (LTCFs), Residential Care for the Elderly (RCFE) and other residential sites, will have additional restrictions when returning to work after having COVID-19. See CDC’s guidance for health care personnel return-to-work criteria.
A viral test (i.e., nose and/or throat swab), which checks for current infection, is recommended to determine if a person can actively transmit COVID-19 to others. Conversely, an antibody test (i.e., blood sample), which checks for past infection, is not recommended to determine a worker’s current COIVD-19 status.
For a list of COVID-19 testing sites within Alameda County, please visit the Alameda County Public Health Department Testing for COVID-19 webpage.
If you are experiencing COVID-19 symptoms, think you were exposed to someone who has COVID-19, or the test is otherwise medically necessary for your situation, under federal law, you can obtain a COVID-19 test anywhere and your health plan must pay for the test.
If you are an essential worker and you do not have symptoms and do not think you have been exposed to someone with COVID-19, contact your health plan before getting tested. They must cover the test but will first need to help you get an appointment with a testing provider.
CLEANING AND DISINFECTING
All areas potentially used by the infected individual, including their workspace, bathrooms, common areas, doorknobs, and shared electronic equipment like tablets, touch screens, keyboards, remote controls, and ATM machines, should be cleaned and disinfected by your employer. Furthermore, you are encouraged to clean and disinfect your workspace, daily.
In most cases, it is not necessary for your employer to shut down your workplace for cleaning and disinfection after a potential or confirmed workplace exposure. If feasible, your employer can merely close off affected areas for cleaning and disinfection based on CDC guidance for Cleaning and Disinfection for the Workplace. Once areas have been appropriately cleaned and disinfected, they can be reopened for use.
PREVENTING COVID-19 IN THE WORKPLACE
Continue to practice the following prevention strategies to protect yourself and others from COVID-19 in the workplace:
- If you are sick, do not come to work.
- Remain 6 feet apart from others, whenever feasible.
- Wear a face covering whenever in the same area as others.
- Wash your hands frequently, with soap and water (or use hand sanitizer with 60%+ alcohol).
- Do not touch your eyes, nose, or mouth with unwashed hands.
- Disinfect commonly touched areas, daily.
All areas potentially used by the infected individual, including their workspace, bathrooms, common areas, doorknobs, and shared electronic equipment like tablets, touch screens, keyboards, remote controls, and ATM machines, should be cleaned and disinfected by your employer. Furthermore, you are encouraged to clean and disinfect your workspace, daily.
In accordance with the Centers for Disease Control and Prevention (CDC), you should execute the following strategies to help minimize the spread of COVID-19 in your workplace:
Pre-Screening
Conduct a self-assessment of your temperature and symptoms prior to the start of each work shift. Ideally, temperature checks should occur before you enter your workplace.
Regular Monitoring
Under the supervision of your employer’s occupational health program, monitor yourself for COVID-19 symptoms.
Face Covering Requirement
Wear a face covering whenever in the same area as others in the workplace. Employers can issue facemasks or can approve workers’ supplied cloth face coverings in the event of shortages.
Social Distancing Requirement
Whenever possible, maintain a six-foot distance from others and practice social distancing, as work duties permit.
Daily Cleaning and Disinfecting
Clean and disinfect your work area, daily.
What are Alameda County’s personnel screening guidelines for the workplace?
Employers should require that all personnel (e.g., workers, contractors, volunteers, etc.) to conduct a self-assessment of symptoms and possible exposure to COVID-19 before the start of each shift. See COVID-19 Self-Assessment for Personnel for more information.
Pre-Screening
Conduct a self-assessment of your temperature and symptoms prior to the start of each work shift. Ideally, temperature checks should occur before you enter your workplace.
Regular Monitoring
Under the supervision of your employer’s occupational health program, monitor yourself for COVID-19 symptoms.
Face Covering Requirement
Wear a face covering whenever in the same area as others in the workplace. Employers can issue facemasks or can approve workers’ supplied cloth face coverings in the event of shortages.
Social Distancing Requirement
Whenever possible, maintain a six-foot distance from others and practice social distancing, as work duties permit.
Daily Cleaning and Disinfecting
Clean and disinfect your work area, daily.
What are Alameda County’s personnel screening guidelines for the workplace?
Employers should require that all personnel (e.g., workers, contractors, volunteers, etc.) to conduct a self-assessment of symptoms and possible exposure to COVID-19 before the start of each shift. See COVID-19 Self-Assessment for Personnel for more information.
Yes. In accordance with the August 28, 20202 Alameda County Health Order, all workers must wear a face covering when in the workplace, except when in a private space or area not regularly used by others. As a worker, you must wear a face covering when preparing food or other items for sale or distribution to people who are not members of your household or living unit. You may remove your face covering when eating or drinking if you are alone or only with members of your Social Bubble and nobody else is within six feet.
Workers should avoid approaching coworkers or members of the public who are not wearing a face covering for the purpose of attempting to enforce any face covering recommendation or requirement. If people at your workplace are not wearing face coverings, you should maintain at least a 6-foot distance from others and raise any concerns to your supervisor.
COVID-19 WORKER PROTECTION
According to California Labor Code Section 6311, workers who are asked to do dangerous work can refuse if the workers knows or believes that doing the work creates a “real and apparent” health or safety hazard for themselves or their coworkers; AND if the worker knows or believes that it is against the law according to the Labor Code or a Cal/OSHA order, standard, or regulation.
For more information about the Right to Refuse Work, see Health & Safety Rights: Facts for California Workers (Cal/OSHA).
For more information about the Right to Refuse Work, see Health & Safety Rights: Facts for California Workers (Cal/OSHA).
Local law enforcement agencies, such as your local sheriff’s department, are handling compliance with local public health orders, including compliance with provisions regarding which establishments may remain open to the public and how such establishments may operate.
You may also file a complaint with Cal/OSHA if you are working in an unsafe or unhealthy workplace.
Furthermore, if you work for an employer or business licensed by or registered with the Labor Commissioner, and if that employer or business requires you to work in violation of the local public health order, you may contact the Labor Commissioner’s Licensing and Registration Unit.
You may also file a complaint with Cal/OSHA if you are working in an unsafe or unhealthy workplace.
Furthermore, if you work for an employer or business licensed by or registered with the Labor Commissioner, and if that employer or business requires you to work in violation of the local public health order, you may contact the Labor Commissioner’s Licensing and Registration Unit.
No. The employer cannot require workers to use paid sick leave; that is the worker’s choice. If the worker decides to use paid sick leave, the employer can require they take a minimum of two hours of paid sick leave. The determination of how much paid sick leave will be used is up to the worker.
If my worker has paid sick leave available, the employer must provide such leave and compensate the worker under California paid sick leave laws. If you are not provided paid sick leave, see Filing an Individual Wage Claim for more information.
The California Employment Development Department (EDD) provides a variety of support services to people who have lost their jobs, had their hours reduced, or had their businesses affected due to the impacts of COVID-19 in California. See COVID-19 Unemployment Benefits and Guide to Applying for Unemployment Benefits for more information.
If you are not eligible for regular unemployment insurance, Pandemic Unemployment Assistance (PUA) is one of the Federal CARES Act provisions designed to help unemployed Californians who are not usually eligible for regular Unemployment Insurance (UI) benefits. This includes business owners, self-employed workers, independent contractors, and those with a limited work history who are out of business or have significantly reduced their services as a direct result of the pandemic. See Understanding Pandemic Unemployment Assistance for more information.
California law protects workers against retaliation for voicing safety concerns or refusing to engage in hazardous work, such as in instances related to COVID-19. Workers, former workers, or job applicants who have suffered retaliation or discrimination may file a retaliation complaint. For more information, see How to File a Retaliation/ Discrimination Complaint.
Several resources are available for workers impacted by COVID-19. See Table 2: Benefits for Workers Impacted by COVID-19 (in Question: "What additional resources may benefit me as a worker impacted by COVID-19") for a list of programs, eligibility criteria, coverage period, benefits, and how to apply, and/or CA Labor and Workforce Coronavirus 2019 (COVID-19) Resources for Employers and Workers.
Below are links to additional resources that may be able to support re COVID-19 and worker protection.
- Resource Toolkit for Businesses, Workers, and Job Seekers Impacted by COVID-19 (AC-WDB)
- Public Works Safety Protocol During COVID-19 (AC-PWA)
- Worker Safety and Support during COVID-19 (CDC)
Table 2. Benefits for Workers Impacted by COVID-19
Benefits for Workers Impacted by COVID-19 |
|||
Program |
Eligibility Criteria |
What |
Benefits and How to File |
Disability InsuranceClick to Learn More |
If you are unable to work due to medical quarantine or illness related to COVID-19 (certified by a medical professional) | Short-term benefit payments to eligible workers who have a full or partial loss of wages due to a non-work-related illness, injury, or pregnancy. | Approximately 60-70 percent of wages (depending on income); ranges from $50-$1,300 a week for up to 52 weeks. File a Disability Insurance claim |
Paid Family LeaveClick to Learn More |
If you are unable to work because you are caring for an ill or quarantined family member with COVID-19 (certified by a medical professional) | Up to eight weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member. | Approximately 60-70 percent of wages (depending on income); ranges from $50-$1,300 a week for up to 8 weeks. File a Paid Family Leave claim |
Unemployment Insurance (and any extended UI benefits programs)Click to Learn More |
If you have lost your job or have had your hours reduced for reasons related to COVID-19 | Partial wage replacement benefit payments to workers who lose their job or have their hours reduced, through no fault of their own. | Range from $40-$450 per week for up to 26 weeks (plus additional weeks under extended UI benefits programs) File an Unemployment Insurance claim |
Pandemic Unemployment AssistanceClick to Learn More |
If you have lost your job or business or have had your hours or services reduced for reasons related to COVID-19 | Partial wage replacement benefit payments for business owners, self-employed, independent contractors, those who have limited work history, those who have collected all UI benefits for which they are eligible, and others not eligible for regular UI benefits who are unemployed, partially unemployed, unable to work or unavailable to work as a direct result of COVID-19. | Range from $167-$450 per week for up to 39 weeks. File a Pandemic Unemployment Assistance claim |
California Paid Sick LeaveClick to Learn More |
If you or a family member are sick or for preventive care, including when civil authorities recommend quarantine, isolation, or stay-at-home | The leave you have accumulated, or your employer has provided to you under the Paid Sick Leave law. This may be 1 hour accrued for every 30 hours worked or 3 days/24 hours provided per year; employer may cap accrual at 48 hours and use at 3 days or 24 hours, whichever is greater, within a 12-month period. | Paid to you at your regular rate of pay or an average based on the past 90 days. If accrued sick leave is denied, file a Wage claim |
Workers’ CompensationClick to Learn More |
If you were infected with COVID-19 at work, you may be eligible for workers’ compensation benefits. (Your COVID-19 illness is presumed to be work-related if you: reported to your employer’s worksite between March 19 and July 5, 2020; are a first responder or health care worker in contact with COVID-19 patients; or tested positive for COVID-19 during a COVID-19 outbreak at your workplace.) | Under the Executive Order you may receive temporary disability (TD) payments after exhausting specific federal or state COVID-19 paid sick leave benefits. You may be entitled to TD payments for up to 104 weeks. TD payments stop when either you return to work, your doctor releases you for work, or your doctor says your illness has improved as much as it is going to. | TD generally pays two-thirds of the gross wages you lose while you are recovering from a work-related illness or injury, up to maximum weekly amount set by law. In addition, eligible workers are entitled to medical treatment and additional payments if a doctor determines you suffered a permanent disability because of the illness. File a Workers’ Compensation claim |
Table adapted from Coronavirus 2019 (COVID-19) Resources for Employers and Workers (California Labor and Workforce Development Agency)
Worker Resources
- Your Workplace Rights During COVID-19 Poster: English | Spanish | Chinese (traditional) | Vietnamese (updated January 2021); additional languages coming soon
- Alameda County Worker Resources:
English | Spanish | Chinese (simplified) | Chinese (traditional) | Tagalog | Vietnamese - CA Dept. of Industrial Relations
- COVID-19 Labor Law Information
- Cal/OSHA COVID-19 Guidance and Resources
- Cal/OSHA Emergency Regulations to Protect Workers from COVID-19 in Effect
- Filing Complaints Against Employers (ACPHD):
English | Spanish | Chinese (simplified) | Chinese (traditional) | Tagalog | Vietnamese - All Service Toolkit for Workers, Businesses, and Job Seekers during COVID-19 (ACWDB)
- Worker Safety and Support during COVID-19 (CDC)
- Essential Workers Searching for Child Care (Alameda County)
- Video: Counseling for Health Care Workers during COVID-19 (Pro Bono Counseling Project)
- Hotels for Healthcare Workers (CDPH)