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The California Division of Occupational Safety and Health (Cal/OSHA) recently issued guidance on monkeypox for workers covered under the Aerosol Transmissible Diseases (ATD) standard (Title 8 CCR section 5199), which includes health care facilities, medical transport, police, public health services, and more. The guidance specifically covers workplaces under the ATD standard but also states that employers “not covered by section 5199 are not discussed in this guidance but must protect their employees under the Injury and Illness Prevention Program (section 3203), sanitation requirements (section 3362), and other laws and regulations.” As a result, all California employers should be aware of their obligations to protect workers from monkeypox exposure.

The guidance defines monkeypox as “a viral infection that can spread from infected humans, animals, and materials contaminated with the virus.” It explains that monkeypox can be transmitted by “close or direct contact with infectious rashes, lesions, scabs, or body fluids.” It can also spread by touching infected materials and can become airborne “during changing or handling of contaminated linen,” the guidance states. Symptoms of the virus can include fever, low energy, swollen lymph nodes, general body aches, and skin rash or lesions.

As part of the ATD standard, employers are required to:

• Implement a written program to prevent or reduce the transmission of aerosol transmissible diseases specific to the workplace and operations.

• Provide and ensure the use of respiratory protection.

• Ensure that personal protective equipment (PPE) is provided and used by employees exposed to persons with or suspected to have monkeypox or to linens or surfaces that may contain the virus.

• Implement written procedures for exposure incidents.

• Report the exposure to the local health officer.

The guidance also outlines employers’ obligations regarding employees who either have monkeypox or have been exposed to it. An employer must notify an exposed worker, provide a post-exposure medical evaluation, provide a monkeypox vaccination, and possibly, remove the employee from the workplace while maintaining their pay, rights, benefits, etc.

If you have any questions about addressing or responding to monkeypox in your California workplace, please contact the California Legal Services team at CAinfo@employerscouncil.org.