WEBVTT 


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Esta reunión


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de los buenos días esta reunión


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de las Normas de Seguridad y Salud en el Trabajo.junta está ahora


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llamada al orden.


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desde los hermosos confines de Sierra Hearing


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Habitación en Sacramento, California


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Soy Dave Thomas. Los presidentes de los miembros de la Junta que asisten por


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son la Srta. Barbara Burgle


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representante de salud ocupacional, Sra. Kathleen


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Representante de la gerencia de Crawford, Sra. Chris Laszcz


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-Representante de la gerencia de Davis, Sra. Laura


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Existencias.


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Representante de seguridad ocupacional presente desde


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nuestro personal para la reunión de hoy Nuestra señorita Christina Shupe


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director ejecutivo, Sr. Steve Smith


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ingeniero principal de seguridad. Miss Autumn Gonzalez


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Consejera principal, Miss Lara Paskins


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Seguridad del personal de Lara Paskins


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gerente, Sr. David Kernazitskas Senior Safety


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Ingeniero. Srta. Sarah Money Executive


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Asistente y Srta. Amalia Neidhart


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Ingeniera de seguridad sénior, ¿quién proporciona la traducción?


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Servicios para comentaristas que son hablantes nativos


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.


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Presente también nuestro Sr. Jeff Killip Cal-OSHA


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Jefe y Sr. Eric Berg Adjunto


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Jefe de Salud de Cal-OSHA.


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apoyando la reunión de forma remota está la Srta. Jennifer


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White Regulatory Analyst. copias de


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la agenda y otros materiales relacionados con


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las actas de hoy están disponibles sobre la mesa, ya saben


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la entrada a la sala y nuestra publicación en


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el sitio web de OSHSB


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Esta reunión también se transmite en vivo a través de video


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y transmisión de audio en inglés y español


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enlaces a estos enlaces no -transmisiones interactivas en vivo


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se puede acceder a través de Standards Board


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sección de actualizaciones de la parte superior de la página principal


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del sitio web de OSHSB.


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Si participa en la reunión de hoy por teleconferencia o videoconferencia,


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le pedimos a todos que coloquen sus


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teléfonos o computadoras en silencio.


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Y espere a activar el sonido hasta que sean llamados a hablar aquellos


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que no puedan hacerlo serán eliminados de


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la reunión para evitar interrupciones.


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Reflejado en la agenda. La reunión de hoy consta


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de tres partes.


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Primero realizaremos la reunión pública para recibir comentarios públicos


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o propuestas sobre seguridad ocupacional


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y asuntos de salud cualquier persona que desee abordar cualquier


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tema de seguridad y salud en el trabajo, incluido cualquier


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de los temas en nuestra agenda de reuniones de negocios puede hacer


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así que cuando invito comentarios públicos.


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Si participa a través de una teleconferencia o videoconferencia


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las instrucciones para unirse a la


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la señal de comentario público se puede encontrar en la agenda.


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Puede unirse haciendo clic en la cola de comentarios públicos


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enlace en la sección de actualización de la Junta de Normas de


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la parte superior de la página principal el sitio web de OSHSB


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en la parte superior de la página principal o


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llamando al 510-868-2730 al


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acceda al correo de voz de entrada de comentario público automatizado


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cuando haga un comentario público comienza, vamos


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a alternar entre tres en persona y tres


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llamadas remotas.


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para comentaristas cuando pedí testimonio público y


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personas que comentan deben proporcionar


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lista completa para hablar


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voltear a la asistencia cerca del podio y anunciarse


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al tablero antes de entregar un comentario.


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Para comentaristas que asisten por teleconferencia o


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videoconferencia. Escuche su nombre para su nombre


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y luego una invitación para hablar pero es


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su turno para dirigirse a la junta y silenciarte a ti mismo. Si está


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utilizando WebEx o marca *6


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en su teléfono para activar el sonido. Si está utilizando la


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línea de teleconferencia, le pedimos


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a todos los comentaristas que hablen despacio y con claridad


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al dirigirse a la pizarra.


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Si viene por teleconferencia o videoconferencia,


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recuerde silenciar su teléfono o computadora después


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comentando el comentario público de hoy


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estará limitado a dos minutos. Vamos a hacerlo tres minutos


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por orador y la porción de comentarios públicos de


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la reunión se extenderá a dos horas. Para que


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la junta pueda escuchar de tantos miembros del público como este


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oradores individuales factibles y


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los límites de tiempo total para comentarios públicos pueden extenderse


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el presidente de la junta si es práctico después de


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reunión pública, realizaremos la segunda


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parte de la reunión, que es la audiencia pública.


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En la audiencia pública consideraremos los cambios propuestos a las


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específicas de seguridad y salud en el trabajo que


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para la reunión de hoy. Finalmente después de


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Público se concluye la reunión pública. Llevaremos a cabo


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la reunión de negocios para actuar sobre los puntos enumerados en la agenda de la reunión pública


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.


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Ahora procederemos a la reunión pública cualquiera que


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desee dirigirse a la junta con respecto a asuntos relacionados


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a seguridad y salud ocupacional está invitado a comentar excepto


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sin embargo, la junta no admite comentarios


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sobre cuestiones de variación. Las audiencias de variación de la junta o


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audiencias administrativas.


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Somos derechos procesales debidamente procesados


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se conservan cuidadosamente. Por lo tanto. No concederemos solicitudes para


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dirigirnos a la junta sobre asuntos de discrepancias.


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Para comentaristas que son hablantes nativos de español. Nosotros


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estamos trabajando con Miss Somalia Neidhart para


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proporcionar una traducción de sus declaraciones al inglés


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para la placa en este momento. Es de noche


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corazón brindará instrucción a los comentaristas de habla hispana.


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Así que conocen el proceso de comentarios públicos para la reunión de hoy.


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No es difícil.


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Buenos dias y gracias propertyca De


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La Junta de normas de seguridades saludo


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compacional de hoy.


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El biembro De La Junta presente en


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Sacramento es el Señor Dave Thomas representante laboral


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y Presidente


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Los bien Ros De La Junta a teniendo


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vía teleconferencia son La


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Señora Barbara representante de programa de


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saludo compacional


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La Señora Kathleen Crawford representante de


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la ministración


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La Senora Chris lastes Davis representante de


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administración y La Señora Laura stock


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representante de seguridad ocupacional.


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Esta reunion tambiense esta trans


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mi tienda en Vivo a Travis de video it transmision


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el audio en Ingles Espanol.


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SE pueden accidente a Los enlasses I estas


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Mission SM Vivo no interactivos.


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A Travis de la sección novelades de


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La Junta de normas en la


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parte Superior de la pajina principal Del


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sitio Web Del osbe.


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Hermana participante en la Unión de Hoy


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por tele conferencia or video conferencia Dengue


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and quenta que tenemos capacidades limitadas


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para Minister La participación Toronto,


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Los perios de commentarios publicos


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Estamos, pienda todos looking Los que


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nuestana. Blando quesilencian Su telefonos


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o computadoras y que esperan para


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Activa El sonido. Hasta que seles Jamie Para


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blar.


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Okayos que no puera. Nacelo. Será


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des conectado de la Union Para Evita


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internuciones.


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Como. Se refleja en el norte Del. Dia la


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Union de Hoy consta de Tres partes.


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Primero celebramos una reunion publica para


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de sivir comentarios o propuestas publicas


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sobre christianes de seguridad is


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Salud El trabajo.


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Hermana participante LA Reunion de Hoy por tele


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conferencia or video conferencia Las


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instrucciones como. Paraca. Unirse la Cola


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publicos apoyados en


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contract en la. Jienda de La Reunión de hoy.


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Where unicia haciendo clic en Las


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se de la Cola de comentarios publicos en la


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sección over Dallas De La Junta de


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Norma's en la parte Superior de la pachina


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principal Del sitio Web Del OSHA.


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or llamando alcinco Uno Sero


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OSHA dice Osho dos siete


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tresero para Cedar Al Correo de


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Voz automatizado de la Cola de


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comentarios publicos.


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Cuando, comiente Los commentarios publicos alternaremos Entre


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Tres commentaristas and Persona y Tres


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remotos.


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Cuando, Presidente De La Junta solicita testimonio publico


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Los comentaristas presentadores en


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Persona, Devendra Leonard. I proporcional Una


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boletado de solicitud Para.


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Our sistente cerca Del podio Y annunciarce


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and this antelagunta


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antesidar comentarios.


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Para nuestos comentaristas que attendant attraves


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de temley conferencia over the conferencia exclusion


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Su nombre Union bitación


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parablar.


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Cuando. Se hazo tú no lo hicieron aquí La Junta


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como buena receta. Sonido Siesta.


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Utilizano WebEx o Márquez.


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Estrella dice telefono para reactivar


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el sonido Siesta. Usando La Linea


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de teleconferencia.


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Como un buen día hablar claramente lente cuando


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Serie A La Junta y Siesta


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comentando portal a conferencia or video


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conferencia rescatando de silencio Su


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telefono o computadora el espresso comentar


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Permita descansos naturales despues de


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caradosaraciones para que podamos proporcional


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a La Junta de normas una tradicional Inglés.


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El commentario publico de Hoy celebridades


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utilización


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unattradoxión


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El aparta de comentarios publicos de la Union sextendra hasta


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portosaurus para Que La Junta


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puedes cucar en Del público como de Antonio.


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posible.


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a Presidente De La Junta podran pliempo


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para lorador individual oil


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de comentarios publicos


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SI SE a necesario


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despacito La Segunda


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parte De La Union De La Junta de normas la


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calidad audiencia publica


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Student audiencia considerarLos


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cambios propuestos salaz Norma's specificas


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de saludis aguridad ocupacional que


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anotación para surrevision


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elar unión de hoy.


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Mujer esta es una


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conclusión audiencia publica realmente seremos.


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Una reunion de negosius paratuar sobre


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los puntos enamorados and a Lord


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y Delia De La Unión de Nicos.


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gracias


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Gracias, señorita Neidhart. Y antes


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comenzamos el


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período de comentarios públicos, permítanme recordarles a la gente


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por ahí que el período de comentarios públicos es


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no para comentarios de covid-19, pero puede


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me escuchas? Está bien.


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el público hace comentarios públicos


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período no es para comentarios de covid-19


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eso será parte de la audiencia pública después


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cualquier comentario que no esté relacionado con covid-19


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sería ahora


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Si tenemos algún participante en persona,


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acérquese al micrófono y


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su nombre y afiliación de afiliado.


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Todo el mundo está aquí por covid I que simplemente me deja boquiabierto.


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No puedo creerlo.


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¿Tenemos alguno?


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00:12:21.200 --> 00:12:24.300
altavoces en la línea John o Miss Morsi


242
00:12:25.600 --> 00:12:28.400
Sí, lo hacemos. Tenemos a Sarah Leighton con E y


243
00:12:28.400 --> 00:12:31.600
B recursos naturales. ¿Va a hablar sobre


covid
19
?


245
00:12:34.700 --> 00:12:37.400
Dejó el tema del comentario en blanco, pero está


246
00:12:37.400 --> 00:12:38.600
bajo un comentario público.


247
00:12:40.200 --> 00:12:41.600
El tiro mira lo que pasa.


248
00:12:45.200 --> 00:12:46.200
¿O cuál era su nombre?


249
00:12:48.500 --> 00:12:49.100
Eric Leighton


250
00:12:50.800 --> 00:12:51.400
¿Estás con nosotros?


251
00:13:00.800 --> 00:13:01.900
Tenga el color con nosotros.


252
00:13:03.400 --> 00:13:07.700
Ya sabes, siempre es con los recursos naturales de Ian B. lo siento que?


253
00:13:08.600 --> 00:13:11.700
Hay Leighton con recursos naturales E y B.


254
00:13:15.600 --> 00:13:17.200
No creo que tengamos a nadie que yo no tenga.


255
00:13:18.800 --> 00:13:21.600
Participar a través de WebEx ahora sería el momento de activar


256
00:13:21.600 --> 00:13:22.700
usted mismo y dirigirse a la junta.


257
00:13:32.200 --> 00:13:35.400
¿Hay alguien más participando a través de WebEx a quien le gustaría


258
00:13:35.400 --> 00:13:38.100
dirigirse a la junta sobre un asunto que no sea el covid- 19?


259
00:13:39.500 --> 00:13:40.100
adopción


260
00:13:41.200 --> 00:13:42.000
¿Puedes oír esto?


261
00:13:43.100 --> 00:13:44.400
Podemos oír Puedo oír a alguien.


262
00:13:45.500 --> 00:13:48.500
Bien. Escuché a Kara hablar, pero no puede.


263
00:13:49.300 --> 00:13:52.600
No sé no estaba pasando pero si


264
00:13:52.600 --> 00:13:56.000
me oyes, estoy hablando WebEx. Sí. ¿


265
00:13:55.100 --> 00:13:57.800
comentarios que no sean covid-19?


266
00:13:58.700 --> 00:14:01.400
No, solo quería asegurarme de que WebEx funcionaba.


267
00:14:02.200 --> 00:14:02.400
así que


268
00:14:03.500 --> 00:14:04.600
Cara tal vez intente de nuevo.


269
​​00:14:05.600 --> 00:14:08.500
Bien, pídale que le devuelva la llamada durante la audiencia pública


270
00:14:08.500 --> 00:14:09.000
que debería ser.


271
00:14:10.400 --> 00:14:11.400
en unos 10 o 15 minutos


272
00:14:12.700 --> 00:14:15.100
probablemente antes. Sí, tal vez antes, está bien.


273
00:14:15.700 --> 00:14:16.800 ¿
Alguna otra llamada?


274
00:14:17.800 --> 00:14:20.300
Hola buenos días. Este es Steven Knight con carne de cerdo


275
00:14:20.300 --> 00:14:23.600
seguro con un comentario no relacionado con el covid siempre que sea


276
00:14:23.600 --> 00:14:25.100
apropiado adelante ahora mismo .


277
00:14:26.000 --> 00:14:26.800
no covid


278
00:14:28.900 --> 00:14:29.700
no covid. Oh sí.


279
00:14:31.100 --> 00:14:34.000
Solo quería traer a la junta


280
00:14:34.400 --> 00:14:38.100
atención de los miembros un informe emitido


281
00:14:37.100 --> 00:14:40.700
sobre lecciones para federales y


282
00:14:40.700 --> 00:14:43.900
reglas de calor en el lugar de trabajo estatales que la defensa de recursos nacionales


283
00:14:43.900 --> 00:14:46.500
Consejo emitió solo el dia de ayer.


284
00:14:47.700 --> 00:14:51.000
Y este este


285
00:14:50.400 --> 00:14:52.900
informe importante que me encantaría.


286
00:14:54.600 --> 00:14:57.200
Envíe un correo electrónico a la Junta de Normas


287
00:14:57.200 --> 00:15:00.300
lo tengo y aún no lo he hecho destaca ambos


288
00:15: 00.300 --> 00:15:03.400
El liderazgo de California en la regulación del calor,


289
00:15:03.400 --> 00:15:07.200
pero también deficiencias en la aplicación y


290
00:15:06.200 --> 00:15:09.900
simplemente protegiendo


291
00:15:09.900 --> 00:15:13.200
trabajadores del calor el informe


292
00:15:12.200 --> 00:15:16.300
estudió más de 500 incidentes


293
00:15:15.300 --> 00:15 :18.600
durante 15 años


294
00:15:18.600 --> 00:15:22.000
y más de 16.000 citaciones por calor.


295
00:15:24.500 --> 00:15:24.800
y


296
00:15:26.900 --> 00:15:29.300
básicamente pinta una


297
00:15:29.300 --> 00:15:33.100
una muy importante imagen de


298
00:15:32.100 --> 00:15:35.600
la importancia


299
00:15:35.600 --> 00:15:38.300
de la regulación del calor el impacto en algunos de nuestros


300
00:15:38.300 - -> 00:15:43.000
trabajadores más vulnerables en la agricultura y la


301
00:15:41.300 --> 00:15:43.900
necesidad de


302
00:15:46.100 --> 00:15:49.900 Aplicación
clara y fuerte de la universidad que es


303
00:15:49.900 --> 00:15:52.700
se descubrió que ha dado rutinariamente a los empleadores profundos


304
00:15:52.700 --> 00:15:55.400
descuentos relacionados con el calor


305
00:15:55.400 --> 00:15:59.900
citas. A veces hasta cero dólares


306
00:15:59.900 --> 00:16:04.300
muchos de ustedes pueden haber visto la población


307
00:16:02.300 --> 00:16:05.700
trabajadores de escala compensación


308
00:16:05.700 --> 00:16:08.900
estudio que encontró todas las


309
00:16:08.900 --> 00:16:11.900
aumento en


310
00:16:11.900 --> 00:16:15.700
lesiones en el lugar de trabajo que


311
00: 16:15.700 --> 00:16:17.000
en realidad no eran Heat.


312
00:16:17.800 --> 00:16:20.300
Pero estudiaron donde subió la temperatura


313
00:16:20.300 --> 00:16:23.700
y luego hubo más Cataratas y hubo


314
00:16: 23.700 --> 00:16:26.600
más otro tipo de lesiones porque eso


315
00:16:26.600 --> 00:16:30.700
son causados ​​por el calor pero ni siquiera clasifican como


316
00:16:29.700 --> 00 :16:32.400
Él habría entrado como incidente.


317
00:16:32.400 --> 00:16:36.700 Juntando
esos dos estudios. Realmente


318
00:16:35.700 --> 00:16:39.700
espero con ansias terminar la universidad. Es


319
00:16:39.700 --> 00:16:40.200
calor interior.


320
00:16:41.100 --> 00:16:44.600
Reglamento y gracias por el tiempo esta


321
00:16:44.600 --> 00:16:44.700
mañana.


322
00:16:46.200 --> 00:16:46.200
Gracias.


323
00:16:47.300 --> 00:16:50.100
Incluso apreciamos su oferta y si desea continuar y


324
00:16:50.100 --> 00:16:54.200 envíelo por
correo electrónico a OSHSB@dir. ca.gov.nos


325
00:16:53.200 --> 00:16:56.400
aseguraremos de que se distribuya a cualquiera que aún no lo tenga


326
00:16:56.400 --> 00:16:56.500
.


327
00:16:59.600 --> 00:17:02.400
quién tenemos como próxima señorita Morsi?


328
00:17:04.400 --> 00:17:08.000
Arriba. El siguiente es Jeff Hall con local 770 CVS.


329
00:17:09.600 --> 00:17:10.600
Sí para ti con nosotros.


330
00:17:16.300 --> 00:17:20.200
Soy ¿me oyes? Sí, ¿es este un comentario no relacionado con covid-19


331
00:17:19.200 --> 00:17:21.200
?


332
00:17:22.500 --> 00:17:25.900
Se trata del pago de exclusión que


333
00:17:25.900 --> 00:17:28.300
sería por covid-19. Así que


334
00:17:28.300 --> 00:17:32.100 lo abordaremos
en solo unos minutos. Entonces llame al


335
00:17:31.100 --> 00:17:32.600
en ese entonces.


336
00:17:34.400 --> 00:17:37.200 Lo
haré. Gracias. Lo siento por tu tiempo. Lamento molestarte. Ah, no


337
00:17:37.200 --> 00:17:37.400
problema.


338
00:17:39.100 --> 00:17:41.000
quién tenemos ahora este Morsi?


339
00:17:42.700 --> 00:17:45.600
Arriba. El siguiente es Terrence. No hay nombre ni


340
00:17:45.600 --> 00:17:46.400
afiliación.


341
00:17:47.500 --> 00:17:48.800
Padres, ¿están con nosotros?


342
00:17:54.900 --> 00:17:55.300
padres


343
00:18:00.100 --> 00:18:02.100
Hola padres, ¿están con nosotros?


344
00:18:03.400 --> 00:18:06.200
¿Puedes oírme? Sí, y usted tiene un comentario que es?


345
00:18:07.100 --> 00:18:09.000
no relacionado con covid-19


346
00:18:10.500 --> 00:18:13.500
en realidad, mi nombre no es Terrence. es tino


347
00:18:13.500 --> 00:18:17.000
Y la razón por la que estoy llamando en este no es covid. Estoy


348
00:18:16.200 --> 00:18:19.500
en la reunión de WebEx y no encuentro la


349
00:18:19.500 --> 00:18:22.200
opción para levantar la mano para hablar allí que es


350
00:18:22.200 --> 00:18:26.500
por qué llamé porque hice clic en cada botón


351
00:18:25.500 --> 00:18:27.500
y no puedo encontrarlo .


352
00:18:29.800 --> 00:18:32.300
¿Tiene alguna instrucción sobre cómo levantar la mano en


353
00:18:32.300 --> 00:18:34.400
para hablar para hacerlo desde WebEx?


354
00:18:35.600 --> 00:18:37.500 Levanta
la mano, podemos verlo desde aquí.


355
00:18:38.900 --> 00:18:41.300
Eso es lo que estoy diciendo. Solo estoy bromeando opción


356
00:18:41.300 --> 00:18:44.900
levanta la mano. Eso es terrible. En realidad, Tina.


357
00:18:44.900 --> 00:18:47.800
Tenemos instrucciones sobre cómo unirse a la Q la


358
00:18:47.800 --> 00:18:50.600
cola para hablar en público en nuestra agenda, que usted


359
00: 18:50.600 --> 00:18:51.400
puede encontrar en nuestro sitio web.


360
00:18:52.800 --> 00:18:55.500
Así es como obtuve el número de teléfono para llamar y estoy


361
00:18:55.500 --> 00:18:58.400
diciéndote ahora que hice clic en más opciones No hay opción


362
00:18:58.400 --> 00:19:01.300
para que yo levante la mano en WebEx. Hice clic en todos los


363
00:19:01.300 --> 00:19:04.400
Quiero decir, soy bastante inteligente y no puedo encontrarlo. Solo estoy


364
00:19:04.400 --> 00:19:07.900
haciéndole saber. ¿Quieres hacer un comentario sobre algo


365
00:19:07.900 --> 00:19:08.900
que no sea covid-19?


366
00:19:10.800 --> 00:19:13.500
No, solo te estaba avisando. Así que si está bien se convierte en


367
00:19:13.500 --> 00:19:16.700
problema más adelante, tal vez sea un error del usuario. De todos modos,


368
00:19:16.700 --> 00:19:20.100 gracias
. Entonces, para cualquier persona que tenga dificultades


369
00:19:19.100 --> 00:19:22.300
para unirse a nuestra cola de comentarios y desee obtener información


370
00:19:22.300 --> 00:19:25.300
sobre cómo hacerlo. Está en nuestra


371
00:19:25.300 --> 00:19:25.800
agenda.


372
00:19:26.800 --> 00:19:29.700
Y lo estoy levantando ahora mismo. Puede


373
00:19:29.700 --> 00:19:31.400
llamar al 510.


374
00:19:32.900 --> 00:19:33.700
868


375
00:19:34.900 --> 00:19:36.700
-27 -30


376
00:19:37.800 --> 00:19:40.300
y agréguese a la cola de comentarios. Nosotros


377
00:19:40.300 --> 00:19:42.600
inhabilitamos la característica de levantar la mano en WebEx.


378
00:19:43.400 --> 00:19:45.600
para facilitar una reunión tranquila


379
00:19:49.600 --> 00:19:52.300
Sabes, voy a hacer algo


380
00:19:52.300 -- > 00:19:55.600
un poco diferente porque esto se va a complicar demasiado.


381
00:19:57.600 --> 00:20:00.200
Vamos a tomar comentarios para ambos


382
00:20:00.200 --> 00:20:03.500
covid-19 y cualquier otro


383
00:20:03.500 -- > 00:20:07.100
tema relacionado con OSHA y


384
00:20:06.100 --> 00:20:09.200
vamos a empezar con la gente aquí y usted


385
00:20:09.200 --> 00:20: 12.400
pueden comentar sobre covid-19. Será la audiencia pública


386
00:20:12.400 --> 00:20:15.100
comentario cuasi público si


387
00:20:15.100 --> 00:20:19.300
tienes algo más porque creo que será más fácil. Así que en


388
00:20:18.300 --> 00:20:21.400
esta vez tendremos


389
00:20:21.400 --> 00:20:22.300
ambas reuniones.


390
00:20:24.100 --> 00:20:28.200
Ir al mismo tiempo solo pondría a las personas en diferentes compartimentos. Así que


391
00:20:27.200 --> 00:20:30.400
en este momento, voy a preguntar si hay alguien en


392
00:20:30.400 --> 00:20:33.800
que quiera hablar en un


393
00:20:33.800 --> 00:20:
36.300 foro audiencia pública covid-19. Si usted


394
00:20:36.300 --> 00:20:39.700
hagamos que las tres primeras personas se acerquen


395
00:20:39.700 --> 00:20:41.000
al micrófono y hagan comentarios.


396
00:20:47.800 --> 00:20:50.700
Sí, nuestra coalición.


397
00:20:56.500 --> 00:20:59.500
Bien, ¿hay alguien en la sala que quiera comentar sobre


398
00:20:59.500 --> 00:21:00.600
covid-19?


399
00:21:02.900 --> 00:21:03.700
Estoy en lo cierto.


400
00:21:06.400 --> 00:21:08.300
Estoy haciendo que los Leones digan su nombre y afiliación.


401
00:21:13.500 --> 00:21:17.100
Mi nombre es Tristan Keys con AGC de California. Buenos días,


402
00:21:16.100 --> 00:21:19.200
Sr. Presidente y todos los demás aquí.


403
00:21:19.200 --> 00:21:20.200
Gracias por recibirme.


404
00:21:20.900 --> 00:21:23.800
A medida que hacemos la transición de un estándar temporal de emergencia


405
00:21:23.800 --> 00:21:26.300
a un estándar que no es de emergencia. Es importante


406
00:21:26.300 --> 00:21:29.600
tener en cuenta que seguimos luchando con un lenguaje coherente y actualizado


407
00:21:29.600 --> 00:21:32.600
a través de cada proyecto de propuesta


408
00: 21:32.600 --> 00:21:36.400
de la ETS. Y ahora el estándar de emergencia específicamente como


409
00:21:35.400 --> 00:21:38.700
la Cámara de California y AGC de


410
00:21:38.700 --> 00:21:42.900
California señaló en nuestra sección de comentarios escritos 32 :05e


411
00:21:41.900 --> 00:21:44.200
aviso Disposiciones si


412
00:21:44.200 --> 00:21:47.300
el año pasado hoy, ya no somos precisos en base a


413
00:21 :47.300 --> 00:21:50.900
probable que se apruebe legislación ab 2693


414
00:21:50.900 --> 00:21:53.500
que amplía y cambia las disposiciones de notificación


415
00:21:53.500 --> 00:21: 57.700
del Código Laboral 6409.681 y


416
00:21:57.700 --> 00:21:57.900
4.


417
00:21:59.400 --> 00:22:03.100
Otras preocupaciones que tenemos serían la sección 3205b1 nueva


418
00:22: 02.100 --> 00:22:05.400
definición de contacto cercano desde el


419
00:22:05.400 --> 00:22:08.200
comienzo. La definición de contacto cercano ha sido una


420
00:22:08.200 --> 00:22:11.100
de las definiciones más consistentes que ahora se usa ampliamente entre el


421
00:22:11.100 --> 00:22:14.900
público dentro de la construcción únicamulti-empleador


422
00:22:14.900 --> 00:22:17.900
. La definición actual presenta


423
00:22:17.900 --> 00:22:18.400 ambiguos
.


424
00:22:19.100 --> 00:22:22.900
Cdph dentro de preguntas y respuestas Estados entidades no sanitarias


425
00:22:22.900 --> 00:22:25.500
responder a exposición potencial debe identificar cerrar


426
00:22:25.500 - -> 00:22:28.600
contacto que puede considerarse contactos de alto riesgo


427
00:22:28.600 --> 00:22:31.200
en función de su proximidad al caso en el


428
00:22:31.200 --> 00:22 :34.300
ajuste. We would urge the division to return to utilize the


429
00:22:34.300 --> 00:22:37.000
six foot proximity within the definition once again,


430
00:22:37.800 --> 00:22:40.700
Lastly section 3205.1 e


431
00:22:40.700 --> 00:22:43.600
immediate review of all policy is upon outbreak


432
00:22:43.600 --> 00:22:46.500
does not tie outbreaks to instances where covid-19


433
00:22:46.500 --> 00:22:50.100
could actually spread in the workplace external factors


434
00:22:49.100 --> 00:22:52.700
such as Gatherings or holidays with potentially


435
00:22:52.700 --> 00:22:55.200
require the employer to reevaluate policies for


436
00:22:55.200 --> 00:22:59.200
their workplace. Even when there is no evidence of any issues for


437
00:22:58.200 --> 00:23:01.300
these reasons and due to the fact


438
00:23:01.300 --> 00:23:04.400
that we are transitioning to an endemic. We suggest language


439
00:23:04.400 --> 00:23:07.600
change to periodically revealing such policies consistent


440
00:23:07.600 --> 00:23:10.500
with iipp based enforcement. We


441
00:23:10.500 --> 00:23:13.400
appreciate your time today and thank you for allowing AGC of


442
00:23:13.400 --> 00:23:14.100
California to speak.


443
00:23:14.900 --> 00:23:15.200
Thank you.


444
00:23:18.700 --> 00:23:19.600
You have next.


445
00:23:20.500 --> 00:23:23.600
Good morning. Chair Thomas Robert moutry, California Chamber


446
00:23:23.600 --> 00:23:24.300
of Commerce. Let me


447
00:23:27.900 --> 00:23:30.300
So first, it's good to


448
00:23:30.300 --> 00:23:33.300
see you in person on behalf of the California business Community.


449
00:23:33.300 --> 00:23:36.700
I want to be clear on a kind of our comments first.


450
00:23:36.700 --> 00:23:39.300
I'm a comments on whether we think the proposed extension to


451
00:23:39.300 --> 00:23:42.300
a two year non-emergency regulation is necessary and then


452
00:23:42.300 --> 00:23:43.800
want to comment in a few specific provisions.


453
00:23:45.100 --> 00:23:48.700
Um first we do not see the extension as necessary given updated


454
00:23:48.700 --> 00:23:52.700
science and realities on the ground. Of course, first of


455
00:23:52.700 --> 00:23:56.200
these of courses vaccines and drugs, like remdesivir


456
00:23:55.200 --> 00:23:58.200
and paxlova that have really changed the realities of


457
00:23:58.200 --> 00:23:59.700
covid and the fear of it.


458
00:24:00.300 --> 00:24:03.300
So but given that change II think that we can put


459
00:24:03.300 --> 00:24:06.100
that aside and assuming that the board is interested in passing. I want to


460
00:24:06.100 --> 00:24:10.000
fly a couple draft issues that are significant here first when


461
00:24:09.100 --> 00:24:12.300
I say the really appreciate the move towards using


462
00:24:12.300 --> 00:24:15.800
the IPP and flexibility not just as a measure for


463
00:24:15.800 --> 00:24:18.500
employers to be able to keep up but really for the regulation itself


464
00:24:18.500 --> 00:24:21.600
to keep up as science changes next two years. We've seen


465
00:24:21.600 --> 00:24:25.100
the massive changes in understanding the last two years changes, you


466
00:24:24.100 --> 00:24:27.700
know, the easy example, of course is sterilization


467
00:24:27.700 --> 00:24:30.600
of surfaces, which we initially believed was priority but


468
00:24:30.600 --> 00:24:33.500
no longer is and so in order for the regulation to


469
00:24:33.500 --> 00:24:36.200
keep up as science continues to evolve. We really see


470
00:24:36.200 --> 00:24:38.500
that ipv usage as critical.


471
00:24:40.300 --> 00:24:43.500
We also appreciate the limited duration and think that it appropriate time


472
00:24:43.500 --> 00:24:46.500
period to check back in you know might be one year but appreciate


473
00:24:46.500 --> 00:24:49.300
the difficulties and staff and moving that quickly. So we see the


474
00:24:49.300 --> 00:24:50.800
two years as as understandable.


475
00:24:52.300 --> 00:24:55.400
I do want to reiterate the technical flag made by


476
00:24:55.400 --> 00:24:58.300
my colleague from AGC regarding changes to


477
00:24:58.300 --> 00:25:01.400
critical changes to references under ab


478
00:25:01.400 --> 00:25:04.400
2693 which changes the statutory code


479
00:25:04.400 --> 00:25:07.400
references for notice Provisions. I believe the division is aware


480
00:25:07.400 --> 00:25:10.800
of these but we think that's something that needs to be updated hopefully via


481
00:25:10.800 --> 00:25:13.300
non-substantive change. So you could do this with out a


482
00:25:13.300 --> 00:25:16.300
15-day comment. I know that having the regulation


483
00:25:16.300 --> 00:25:19.400
go into effect on January 1st has been expressed as an important piece


484
00:25:19.400 --> 00:25:22.400
to the board. So we think that piece could be done without affecting


485
00:25:22.400 --> 00:25:25.400
that deadline. Whereas more substantive changes might create issues there.


486
00:25:27.700 --> 00:25:29.600
Let me see if I've touched everything.


487
00:25:32.500 --> 00:25:35.100
I will do after briefly reiterate the changes to the close


488
00:25:35.100 --> 00:25:38.500
contact definition continue to generate questions to us from Members. I


489
00:25:38.500 --> 00:25:41.200
get calls regulate. How do we deal with this in a large space?


490
00:25:41.200 --> 00:25:44.400
How do we deal with this in our office? You know, how do


491
00:25:44.400 --> 00:25:47.400
we give notice enough people who needs to be here. Then I


492
00:25:47.400 --> 00:25:50.800
know this has been going for some time. And I know it was somewhat cdph pulling


493
00:25:50.800 --> 00:25:53.200
the division into that position, but it is an area of


494
00:25:53.200 --> 00:25:56.200
ongoing questions we get continually, so I wanted to flag it for all of you.


495
00:25:59.100 --> 00:26:02.600
And that's all I wanted to comment on at this time. Gracias. Gracias.


496
00:26:04.900 --> 00:26:07.100
So before we go to the telephone we have


497
00:26:07.100 --> 00:26:10.500
room for one more in person covid-19.


498
00:26:15.400 --> 00:26:18.300
Thank you Chair Thomas second about Sir Shoop.


499
00:26:19.200 --> 00:26:22.400
Board members and everyone. Wow small group here big group


500
00:26:22.400 --> 00:26:25.700
there Bruce Wick housing contractors, California. I


501
00:26:25.700 --> 00:26:28.300
submitted some written comments. I just want to augment them


502
00:26:28.300 --> 00:26:32.500
a little bit. I really again it


503
00:26:32.500 --> 00:26:33.800
was some earlier comments.


504
00:26:34.600 --> 00:26:38.300
What we do here is not in a vacuum any regulation


505
00:26:37.300 --> 00:26:40.600
that we put out is a


506
00:26:40.600 --> 00:26:44.600
something for employers to deal with and we're


507
00:26:43.600 --> 00:26:46.100
not in a vacuum. Every other


508
00:26:46.100 --> 00:26:50.200
regulatory agency is putting out regulations legislatures


509
00:26:49.200 --> 00:26:52.900
putting out new laws that employers


510
00:26:52.900 --> 00:26:54.400
will have to deal with January 1.


511
00:26:55.300 --> 00:26:57.900
And employers are in competition.


512
00:26:59.100 --> 00:27:03.000
We in construction are in competition sadly with


513
00:27:02.100 --> 00:27:05.400
some underground employers and we battle


514
00:27:05.400 --> 00:27:08.700
them but we have to compete with them. So any unnecessary


515
00:27:08.700 --> 00:27:11.600
part of any regulation makes us less


516
00:27:11.600 --> 00:27:14.700
competitive against those people even if


517
00:27:14.700 --> 00:27:17.400
you're not in construction, you're competing with an employer from


518
00:27:17.400 --> 00:27:21.100
another state another country. So


519
00:27:20.100 --> 00:27:23.400
every regulation we add or keep on


520
00:27:23.400 --> 00:27:24.600
that doesn't need to be there.


521
00:27:26.700 --> 00:27:29.300
Matters to the competitiveness and health


522
00:27:29.300 --> 00:27:33.300
of our California business Community which relates to Opportunities and


523
00:27:32.300 --> 00:27:35.800
for employees


524
00:27:35.800 --> 00:27:38.300
to work and have raises and all those


525
00:27:38.300 --> 00:27:38.600
kind of things.


526
00:27:39.400 --> 00:27:42.500
So II really do think we ought to take a look at the fact


527
00:27:42.500 --> 00:27:42.600
that


528
00:27:43.800 --> 00:27:46.500
the highest exposure for covid has been and will


529
00:27:46.500 --> 00:27:48.300
be covered by the ATD.


530
00:27:49.100 --> 00:27:49.400
which


531
00:27:50.400 --> 00:27:53.100
has always been or been there for


532
00:27:53.100 --> 00:27:54.600
a long time. We'll continue to be there.


533
00:27:55.700 --> 00:27:58.300
Can we look at the rest of Industry then outside the


534
00:27:58.300 --> 00:28:01.400
ATD? The numbers are dramatic and you as


535
00:28:01.400 --> 00:28:03.300
board members should make informed decisions.


536
00:28:05.600 --> 00:28:08.200
That it is sad how many


537
00:28:08.200 --> 00:28:10.600
fatalities there been from covid?


538
00:28:11.300 --> 00:28:14.900
Across the board but 45% of Californians are


539
00:28:14.900 --> 00:28:15.700
in the workforce.


540
00:28:16.500 --> 00:28:19.300
Of the fatalities we've had from


541
00:28:19.300 --> 00:28:21.400
covid 1.6%


542
00:28:23.200 --> 00:28:26.400
Built in a worker's comp claim 1.6 not 45 not


543
00:28:26.400 --> 00:28:28.200
20 1.6%


544
00:28:29.200 --> 00:28:32.500
That's an immense difference and sadly most of those are the covered by


545
00:28:32.500 --> 00:28:33.400
the ATD.


546
00:28:34.100 --> 00:28:36.800
Under that, you know because that's the highest exposure.


547
00:28:37.900 --> 00:28:40.700
When they were looking at if the


548
00:28:40.700 --> 00:28:43.800
that we're going to put a charge on workers compensation


549
00:28:43.800 --> 00:28:44.900
for covid.


550
00:28:46.500 --> 00:28:49.400
Or the advisory rate that was ruled


551
00:28:49.400 --> 00:28:52.400
on for September 1st of this year. The number was less


552
00:28:52.400 --> 00:28:54.700
than one half less than 1%


553
00:28:55.500 --> 00:28:58.200
of workers comp premiums would have been devoted to


554
00:28:58.200 --> 00:29:01.400
covid and that was even disallowed by commissioner


555
00:29:01.400 --> 00:29:01.900
Lara.


556
00:29:03.100 --> 00:29:06.500
So we have an issue


557
00:29:06.500 --> 00:29:09.600
where I think there's a and we


558
00:29:09.600 --> 00:29:10.600
also had this last month.


559
00:29:11.400 --> 00:29:15.400
A ruling from an administrative law judge on 3203


560
00:29:14.400 --> 00:29:18.300
the iapp for a


561
00:29:17.300 --> 00:29:21.200
non-attd employer and


562
00:29:20.200 --> 00:29:23.800
that ruling went through the employee


563
00:29:23.800 --> 00:29:27.000
and we we've seen a couple of hundred settlements under


564
00:29:26.700 --> 00:29:28.000
32 or 3.


565
00:29:29.200 --> 00:29:32.400
If you do not continue or if you do not approve


566
00:29:32.400 --> 00:29:35.000
the non-emergency break. We're going to have the ATD and we're going to


567
00:29:35.100 --> 00:29:36.200
have the iipp.


568
00:29:37.100 --> 00:29:39.400
And certainly in construction we know.


569
00:29:40.800 --> 00:29:43.300
That when the specific reg came in. It was


570
00:29:43.300 --> 00:29:45.600
a year after we had already done.


571
00:29:46.800 --> 00:29:48.400
Everything we were doing to protect employees.


572
00:29:49.800 --> 00:29:52.300
That total cases in California


573
00:29:52.300 --> 00:29:54.000
compared to our population.


574
00:29:55.100 --> 00:29:58.100
Is over 25% of our population is the number of


575
00:29:58.100 --> 00:29:58.400
cases?


576
00:29:59.400 --> 00:30:02.400
In construction one half of 1% of


577
00:30:02.400 --> 00:30:05.100
our Workforce is file the workers complain for covid.


578
00:30:05.900 --> 00:30:08.800
That's a dramatic reduction and the specific reg


579
00:30:08.800 --> 00:30:11.300
did not add to protections just added


580
00:30:11.300 --> 00:30:13.100
to hiring people to keep up with the paperwork.


581
00:30:14.100 --> 00:30:16.500
But we were already protecting and would continue.


582
00:30:17.300 --> 00:30:20.600
Under the iippp. So I think there's a very strong case for


583
00:30:20.600 --> 00:30:23.300
not continuing the permanent reg


584
00:30:23.300 --> 00:30:24.100
or the


585
00:30:25.400 --> 00:30:28.200
The non-emergency wrecked right? We got to get these terms


586
00:30:28.200 --> 00:30:32.000
right and continuant using


587
00:30:31.600 --> 00:30:34.900
the ATD using the IPP Calo.


588
00:30:34.900 --> 00:30:36.300
She knows Clearly Now what?


589
00:30:37.200 --> 00:30:40.600
workplaces are of serious exposure under


590
00:30:40.600 --> 00:30:43.100
covid and can enforce against them and they should


591
00:30:43.100 --> 00:30:47.100
do so strongly so we we


592
00:30:46.100 --> 00:30:48.300
could consider not


593
00:30:49.200 --> 00:30:51.500
I think strongly considered not continuing.


594
00:30:52.900 --> 00:30:54.900
The covid-reg has a 1-1.


595
00:30:55.600 --> 00:30:58.100
And and were exempting Industries such


596
00:30:58.100 --> 00:31:01.900
as construction that have shown such minimal exposure to


597
00:31:01.900 --> 00:31:04.400
covid and the IEP would be


598
00:31:04.400 --> 00:31:07.200
a very valid way of prevention and


599
00:31:07.200 --> 00:31:10.100
enforcement under as we go


600
00:31:10.100 --> 00:31:12.200
forward. Gracias. Gracias.


601
00:31:14.400 --> 00:31:16.900
My we're going to go to the caller segment.


602
00:31:17.600 --> 00:31:21.000
Do we have any callers regarding covid-19 or


603
00:31:20.300 --> 00:31:22.300
other comments at this time?


604
00:31:23.600 --> 00:31:27.000
Yes, we have Helen Cleary with Fillmore regulatory


605
00:31:26.000 --> 00:31:27.600
Roundtable.


606
00:31:29.700 --> 00:31:30.200
Ellen can you hear us?


607
00:31:31.300 --> 00:31:34.200
Yes, good morning. Buenos dias. Go right ahead.


608
00:31:35.800 --> 00:31:38.700
Great. Gracias. Chair Thomas board members. My


609
00:31:38.700 --> 00:31:41.900
name is Helen Cleary and I'm the director of prr. PR


610
00:31:41.900 --> 00:31:44.400
is a member driven OSH form of various Industries


611
00:31:44.400 --> 00:31:48.300
19 of which rank amongst the Fortune 500 individual members


612
00:31:47.300 --> 00:31:50.400
are environmental health and safety professionals.


613
00:31:51.300 --> 00:31:54.500
Here are submitted extensive written comments on Friday. We are


614
00:31:54.500 --> 00:31:56.200
hopeful the board has had some time to review them.


615
00:31:57.400 --> 00:32:00.700
While we support the added flexibility and inclusion of iepd


616
00:32:00.700 --> 00:32:03.600
with the rule we have remaining concerns.


617
00:32:03.600 --> 00:32:06.700
I'll touch briefly on a few today at first


618
00:32:06.700 --> 00:32:09.200
the two-year effective period is arbitrary with


619
00:32:09.200 --> 00:32:12.400
no flexibility or transparent process for the regulation of


620
00:32:12.400 --> 00:32:15.300
sunset sooner if adopted the need for the rules should


621
00:32:15.300 --> 00:32:19.200
be reevaluated every six months using specific Milestones. Also,


622
00:32:18.200 --> 00:32:21.300
the rules should align with the community and not


623
00:32:21.300 --> 00:32:25.000
be in place at the State of Emergency is repealed at a


624
00:32:24.200 --> 00:32:28.400
minimum. The timeline should align with AV 2693 if


625
00:32:27.400 --> 00:32:30.500
the governor agrees that covid legislation should


626
00:32:30.500 --> 00:32:33.100
not extend Cal OSHA's regulation should not be


627
00:32:33.100 --> 00:32:35.900
an outlier and in effect for an additional year or more.


628
00:32:37.200 --> 00:32:40.600
Second contact tracing continues to be the most burdensome element


629
00:32:40.600 --> 00:32:43.800
for large employers and that's magnified by


630
00:32:43.800 --> 00:32:46.700
the expanded definition employees are continuously


631
00:32:46.700 --> 00:32:50.200
receiving General notifications of potential exposure


632
00:32:49.200 --> 00:32:52.300
with little detail. They could


633
00:32:52.300 --> 00:32:55.100
have been a conference room for two hours with the covid case


634
00:32:55.100 --> 00:32:58.200
two feet away or sitting in their cubicle on an open floor


635
00:32:58.200 --> 00:33:01.200
plan with the case 10 yards away for 15 minutes.


636
00:33:01.200 --> 00:33:05.000
The risk is not the same and constant notification


637
00:33:04.400 --> 00:33:08.100
either races fear and anxiety or trivializes


638
00:33:07.100 --> 00:33:10.600
the risk of being a close contact. This is


639
00:33:10.600 --> 00:33:13.500
compounded by the new requirement for employers to


640
00:33:13.500 --> 00:33:16.700
keep a record of close contacts documentation is


641
00:33:16.700 --> 00:33:18.500
a new administrative process.


642
00:33:19.300 --> 00:33:22.000
That's separate from the flexible requirement on how to


643
00:33:22.600 --> 00:33:25.600
manage close contacts. We're very concerned that the


644
00:33:25.600 --> 00:33:28.600
added requirement to document will require contact tracing even


645
00:33:28.600 --> 00:33:31.500
if the act of individual contact tracing is


646
00:33:31.500 --> 00:33:34.600
not necessary or recommended our comments


647
00:33:34.600 --> 00:33:37.200
offered specific changes that would alleviate to help


648
00:33:37.200 --> 00:33:40.600
alleviate this burden while still focusing on the goal of limiting


649
00:33:40.600 --> 00:33:41.100
transmission.


650
00:33:42.300 --> 00:33:45.600
Next is the outbreak definition. It's no longer reasonable to


651
00:33:45.600 --> 00:33:48.500
treat. This disease is medically significant to every person


652
00:33:48.500 --> 00:33:51.400
and manage it like we did two years ago. We should


653
00:33:51.400 --> 00:33:54.600
be celebrating that fact at the definition of outbreak


654
00:33:54.600 --> 00:33:57.200
does not consider the size of the workforce the size


655
00:33:57.200 --> 00:34:00.500
of the workplace actual exposure other controls that


656
00:34:00.500 --> 00:34:03.600
mitigate transmission like state of the art ventilation. This is


657
00:34:03.600 --> 00:34:06.400
becoming untenable Pierre's comments offer


658
00:34:06.400 --> 00:34:08.000
specific examples to illustrate this


659
00:34:08.800 --> 00:34:12.000
It's imperative at the Standards Board ensure that


660
00:34:11.600 --> 00:34:15.000
CDP cdph definitions enforceable


661
00:34:14.300 --> 00:34:17.300
by Cal-OSHA can be effectively applied


662
00:34:17.300 --> 00:34:20.000
to the workplace close contact needs to


663
00:34:20.300 --> 00:34:23.600
include parameters based on proximity and the number of covid cases


664
00:34:23.600 --> 00:34:26.300
that trigger an outbreak should be relative to the size of


665
00:34:26.300 --> 00:34:26.900
the workforce.


666
00:34:27.600 --> 00:34:30.400
Next we support that exclusion pay has not been


667
00:34:30.400 --> 00:34:33.600
included. This type of requirement should be made by the state and legislature.


668
00:34:33.600 --> 00:34:37.500
Finally. I just want to touch on the effectiveness


669
00:34:36.500 --> 00:34:39.800
of the ETS despite Under


670
00:34:39.800 --> 00:34:42.600
reporting multiple data sets and Trends


671
00:34:42.600 --> 00:34:45.200
including worker compensation should be


672
00:34:45.200 --> 00:34:48.900
analyzed and presented in the final rulemaking package in Industry


673
00:34:48.900 --> 00:34:51.600
employers are responsible to demonstrate the effectiveness of


674
00:34:51.600 --> 00:34:54.200
their safety and health programs. We feel the division


675
00:34:54.200 --> 00:34:57.500
and board should be required to do the same before implementing and


676
00:34:57.500 --> 00:35:00.600
enforcing a rule with such an expansive timeline and sweeping


677
00:35:00.600 --> 00:35:03.300
regulatory impact. Thank you for your time today.


678
00:35:03.300 --> 00:35:06.100
My apologies for not being there in person.


679
00:35:06.100 --> 00:35:09.100
I'm actually in Washington DC and I have the pleasure


680
00:35:09.100 --> 00:35:13.000
of meeting with assistant secretary Doug Parker tomorrow, so looking


681
00:35:12.100 --> 00:35:15.300
forward to that. Otherwise, I wouldn't have missed this


682
00:35:15.300 --> 00:35:17.600
hearing. So thank you to all of you. Qué tengas un lindo día.


683
00:35:19.200 --> 00:35:20.700
So he's more important than we about.


684
00:35:22.300 --> 00:35:22.600
problem


685
00:35:25.800 --> 00:35:26.100
Thank you.


686
00:35:26.900 --> 00:35:29.100
Who do we have up next Maya?


687
00:35:31.900 --> 00:35:36.300
Up. Next is Daniel Rodriguez with Gigi bhtd


688
00:35:34.300 --> 00:35:37.300
public transportation.


689
00:35:38.800 --> 00:35:39.900
Daniel can you hear us?


690
00:35:41.200 --> 00:35:41.600
Absolutely.


691
00:35:44.400 --> 00:35:47.200
Daniel unfortunate a little


692
00:35:47.200 --> 00:35:47.400
bit.


693
00:35:51.300 --> 00:35:52.200
Go ahead and it keeps speaking.


694
00:35:53.200 --> 00:35:54.300
Hi, can you hear me here?


695
00:35:54.900 --> 00:35:55.500
barely


696
00:35:58.500 --> 00:36:01.300
Make some adjustments here. How about now?


697
00:36:01.300 --> 00:36:03.400
Can you know, that's good. Está bien. Avanzar.


698
00:36:04.400 --> 00:36:08.900
Yeah, so good morning a callosheboard.


699
00:36:08.900 --> 00:36:11.200
My my comment I think


700
00:36:11.200 --> 00:36:13.700
is pretty simple the


701
00:36:15.700 --> 00:36:18.600
And most people have have already discussed it in the


702
00:36:18.600 --> 00:36:22.000
previous presentations, but being the


703
00:36:21.100 --> 00:36:24.500
fact that we're a Mass Transit Agency in


704
00:36:24.500 --> 00:36:27.300
the Bay Area. Um, some of


705
00:36:27.300 --> 00:36:31.000
the difficulties that we see obviously are the close contact tracing


706
00:36:30.800 --> 00:36:34.000
being the fact that I'm the close


707
00:36:33.300 --> 00:36:37.300
contact Tracy and administrator of our program. Obviously,


708
00:36:36.300 --> 00:36:39.400
we've done everything that we can possibly do


709
00:36:39.400 --> 00:36:42.100
to keep our cases a little as possible


710
00:36:42.100 --> 00:36:45.600
by pushing out all the protocols and guidelines and processes


711
00:36:45.600 --> 00:36:49.200
in general but not only is


712
00:36:48.200 --> 00:36:51.200
it a very lengthy and detailed


713
00:36:51.200 --> 00:36:54.700
process but it involves a lot of man hours


714
00:36:54.700 --> 00:36:57.200
and man time especially after a long


715
00:36:57.200 --> 00:37:00.100
weekend a long holiday weekend Etc.


716
00:37:00.100 --> 00:37:03.800
Second point that I like to also address is our


717
00:37:03.800 --> 00:37:06.800
temperature checks. Obviously, we


718
00:37:06.800 --> 00:37:09.200
still have all these protocols still and play


719
00:37:09.200 --> 00:37:12.500
and you know, there's nothing more than we


720
00:37:12.500 --> 00:37:15.500
would like to basically get everybody back.


721
00:37:15.800 --> 00:37:18.800
To work and continue the Mass


722
00:37:18.800 --> 00:37:22.500
Transit Agency efforts that we obviously provide


723
00:37:21.500 --> 00:37:24.200
to four counties within


724
00:37:24.200 --> 00:37:24.800
the Bay Area.


725
00:37:25.600 --> 00:37:28.300
And you know, we've done a very good job with


726
00:37:28.300 --> 00:37:31.400
keeping everybody safe and as safe as can be but you


727
00:37:31.400 --> 00:37:34.500
know, it's one change. It's one regulation. It's one guideline


728
00:37:34.500 --> 00:37:37.700
after another and II almost wish


729
00:37:37.700 --> 00:37:40.400
I would have listened to my parents and went into the medical field


730
00:37:40.400 --> 00:37:43.600
and been a doctor because you know, some of these guideline


731
00:37:43.600 --> 00:37:46.700
changes come come down the pipeline and


732
00:37:46.700 --> 00:37:49.600
not only do I have Senior Management wanting to


733
00:37:49.600 --> 00:37:52.600
break down but we also have 23 unions within


734
00:37:52.600 --> 00:37:55.200
our organization that we have to break it down to as well.


735
00:37:55.200 --> 00:37:58.100
So just I would like to


736
00:37:58.100 --> 00:38:01.300
see a little bit more clear and more


737
00:38:01.300 --> 00:38:04.300
specific guidelines and hopefully after this meeting we


738
00:38:04.300 --> 00:38:07.300
can get rid of the the temperature checks and


739
00:38:07.300 --> 00:38:11.400
hopefully eventually get rid of the contact tracing process


740
00:38:10.400 --> 00:38:13.100
and protocol. So that's all I have


741
00:38:13.100 --> 00:38:16.200
to say and you guys have a big task ahead of you. Thank you very much


742
00:38:16.200 --> 00:38:16.600
for your time.


743
00:38:17.400 --> 00:38:20.600
Thank you, Daniel. Appreciate your comments. Who do


744
00:38:20.600 --> 00:38:21.500
we have up next my


745
00:38:22.900 --> 00:38:26.700
Up. Next is Andrew summer with Khan Maciel


746
00:38:25.700 --> 00:38:27.800
Carrie LLP.


747
00:38:29.800 --> 00:38:30.900
Andrew Summit


748
00:38:31.500 --> 00:38:34.900
and yes, can you hear me? Yeah, go right ahead. Buenos dias.


749
00:38:34.900 --> 00:38:37.600
And the members of the board Andrew Summer from


750
00:38:37.600 --> 00:38:40.700
conociel Carrie on behalf of the California employers


751
00:38:40.700 --> 00:38:43.800
code in 19 convention Coalition. We have


752
00:38:43.800 --> 00:38:46.500
submitted written comments. I'll be brief. That's just


753
00:38:46.500 --> 00:38:49.300
some Salient issues. We appreciate the opportunity to


754
00:38:49.300 --> 00:38:52.500
comment today and we also appreciate the considerable


755
00:38:52.500 --> 00:38:55.800
efforts of by Josh and the board and developing this


756
00:38:55.800 --> 00:38:58.400
role making our members are


757
00:38:58.400 --> 00:39:01.700
concerned though about the utility


758
00:39:01.700 --> 00:39:04.300
of a permanent role or a


759
00:39:04.300 --> 00:39:07.700
non-emergency rule at this juncture as


760
00:39:07.700 --> 00:39:11.600
we've seen the conditions with


761
00:39:10.600 --> 00:39:13.800
the pandemic evolving into


762
00:39:13.800 --> 00:39:14.500
endemic conditions.


763
00:39:15.400 --> 00:39:18.500
Happened fast to evolving and there's been changes


764
00:39:18.500 --> 00:39:21.500
in medical science and new methods to manage and transmission


765
00:39:21.500 --> 00:39:24.300
of covid-19. We have


766
00:39:24.300 --> 00:39:27.600
seen with the ETS considerable issues with


767
00:39:27.600 --> 00:39:30.500
a locked in stone standard that


768
00:39:30.500 --> 00:39:33.600
hasn't quite fit with the evolving conditions


769
00:39:33.600 --> 00:39:36.400
or just the Practical realities and employers have


770
00:39:36.400 --> 00:39:39.200
faced in addressing covid in the workplace in a


771
00:39:39.200 --> 00:39:40.900
very caring way and


772
00:39:42.100 --> 00:39:45.100
We we believe you know, as Mr. Moultrie and


773
00:39:45.100 --> 00:39:48.800
Mr. Wick have have stated that the IEP has been


774
00:39:48.800 --> 00:39:51.200
affected method and I've seen


775
00:39:51.200 --> 00:39:54.700
that personally as a practitioner in addressing covid


776
00:39:54.700 --> 00:39:58.300
related hazards among others and it will remain a


777
00:39:57.300 --> 00:40:00.600
viable tool long after the


778
00:40:00.100 --> 00:40:03.100
ETS expires and we've seen in a


779
00:40:03.100 --> 00:4 0:08.000
recent decision by the appeals board and bsfitness to


780
00:40:07.400 --> 00:40:10.200
LLC that the board has


781
00:40:10.200 --> 00:40:14.500
a firm citations under IPP for


782
00:40:13.500 --> 00:40:16.400
failure to identify and


783
00:40:16.400 --> 00:40:20.400
evaluate workplace hazards related to covid-19 and failure


784
00:40:19.400 --> 00:40:22.500
to instruct on the hazards related


785
00:40:22.500 --> 00:40:25.400
to covid-198. So there is a mechanism for this


786
00:40:25.400 --> 00:40:28.800
we have seen this for many years under the IEP to


787
00:40:28.800 --> 00:40:31.600
address housing in the workplace, whether related to covid-19


788
00:40:31.600 --> 00:40:34.700
or other conditions. There's also Public Health orders


789
00:40:34.700 --> 00:40:38.100
that are available Automotive moments notice to


790
00:40:37.100 --> 00:40:38.600
address.


791
00:40:39.600 --> 00:40:42.500
Covid-19 and that has been particularly effective


792
00:40:42.500 --> 00:40:45.400
on masking and other issues and we think it will continue to


793
00:40:45.400 --> 00:40:48.200
be so and and combine the


794
00:40:48.200 --> 00:40:52.100
IEP and the public health orders provide a


795
00:40:51.100 --> 00:40:55.700
sufficient mechanism We Believe drilling down


796
00:40:55.700 --> 00:40:59.000
a little bit on some issues to the


797
00:40:58.200 --> 00:41:02.200
extent. The non-emergency rule


798
00:41:01.200 --> 00:41:04.800
is adopted. Our members


799
00:41:04.800 --> 00:41:07.700
have been considerably concerned over the close contact


800
00:41:07.700 --> 00:41:11.500
definition and this this definition, you


801
00:41:11.500 --> 00:41:15.300
know, we recognize it came from cdpa, but moralizing


802
00:41:14.300 --> 00:41:17.500
it into the standards problematic. It


803
00:41:17.500 --> 00:41:20.600
injects a novel ambiguous term with no reference


804
00:41:20.600 --> 00:41:23.200
to proximity employers have


805
00:41:23.200 --> 00:41:26.600
faced great consternation and determining what this


806
00:41:26.600 --> 00:41:29.000
means particularly in large spaces such as


807
00:41:29.600 --> 00:41:32.700
distribution centers manufacturing facilities. Warehouse


808
00:41:32.700 --> 00:41:35.600
is hangers where employees may work for part,


809
00:41:35.600 --> 00:41:38.400
but then there's a question about what could there


810
00:41:38.400 --> 00:41:38.600
be a


811
00:41:39.500 --> 00:41:43.400
Contact given that we're departing from the tried and


812
00:41:43.400 --> 00:41:46.200
true CDC standard for a post


813
00:41:46.200 --> 00:41:46.500
contact.


814
00:41:47.700 --> 00:41:50.600
And and then we have


815
00:41:50.600 --> 00:41:53.700
in our written comments suggested changes to that


816
00:41:53.700 --> 00:41:56.500
close contact definition to make it a little bit more certain that


817
00:41:56.500 --> 00:42:00.600
would be much more effective and workable for


818
00:42:00.600 --> 00:42:03.100
for employers and then, you know,


819
00:42:03.100 --> 00:42:06.900
lastly wanted to address the outbreak Provisions. We


820
00:42:06.900 --> 00:42:09.300
believe in the direction which CDC is


821
00:42:09.300 --> 00:42:12.700
going in among other state plans that this this


822
00:42:12.700 --> 00:42:15.400
outbreak provision these outbreak provisions.


823
00:42:16.100 --> 00:42:19.900
Are not necessary at this point in the pandemic. It's


824
00:42:19.900 --> 00:42:22.600
creating owners requirements for employers


825
00:42:22.600 --> 00:42:25.300
employers, you know, you know


826
00:42:25.300 --> 00:42:29.200
what I would say most employers want to do the right thing and they're


827
00:42:28.200 --> 00:42:32.400
really challenged by the contact tracing


828
00:42:31.400 --> 00:42:34.500
requirements and really determining


829
00:42:34.500 --> 00:42:34.700
whether


830
00:42:35.600 --> 00:42:38.200
There's a close contact in the workplace in the measures that need to


831
00:42:38.200 --> 00:42:41.800
be taken we've seen now that the conditions that we're encountering


832
00:42:41.800 --> 00:42:44.200
over covid-19 are so different than they were


833
00:42:44.200 --> 00:42:47.800
early in pandemic. That's an example. There were


834
00:42:47.800 --> 00:42:51.100
point one for every 100,000


835
00:42:50.100 --> 00:42:54.200
cases or the fatality


836
00:42:53.200 --> 00:42:56.400
rate. Excuse me, as of September


837
00:42:56.400 --> 00:43:00.000
6th, 2022 recently was point


838
00:42:59.100 --> 00:43:03.700
one for 100,000 individuals and


839
00:43:02.700 --> 00:43:05.400
by comparison of back


840
00:43:05.400 --> 00:43:09.400
in on January 1021. That


841
00:43:08.400 --> 00:43:11.500
was a 17 times that rate


842
00:43:11.500 --> 00:43:15.500
and the ICU hospitalizations presently


843
00:43:15.500 --> 00:43:18.400
or 3:51. They were


844
00:43:18.400 --> 00:43:21.700
running up we're running up on time caller. Can you


845
00:43:21.700 --> 00:43:24.500
rap? Bueno. I'm thank you. I'm basically done.


846
00:43:24.500 --> 00:43:29.100
And so then back in on January 1021. I


847
00:43:27.100 --> 00:43:30.400
see you hospitalization rate


848
00:43:30.400 --> 00:43:34.700
was 14 times that rate so the conditions have changed significantly and


849
00:43:35.800 --> 00:43:38.700
We believe that the the


850
00:43:38.700 --> 00:43:42.300
rulemaking doesn't recognize the


851
00:43:41.300 --> 00:43:44.400
burdens that employers are facing that


852
00:43:44.400 --> 00:43:48.200
it it's it's not memorialized accounted


853
00:43:47.200 --> 00:43:50.400
for this process the expense and the


854
00:43:50.400 --> 00:43:54.100
time that is extended by employers over the


855
00:43:53.100 --> 00:43:56.300
outbreak provisions and whether they're ultimately necessary.


856
00:43:56.300 --> 00:43:58.300
We appreciate the time for common.


857
00:43:59.100 --> 00:43:59.400
Thank you.


858
00:44:00.900 --> 00:44:03.600
I think we've had three phone calls.


859
00:44:03.600 --> 00:44:05.400
So I'm just gonna is there anybody in the room?


860
00:44:06.200 --> 00:44:10.100
wants to make any public comment or comment at


861
00:44:09.100 --> 00:44:10.700
public hearing


862
00:44:19.300 --> 00:44:20.500
Thank you, Mr. Chair members.


863
00:44:23.800 --> 00:44:27.100
Thank you, Mr. Chair members Mitch Steiger with the California labor


864
00:44:26.100 --> 00:44:29.500
Federation appreciate the opportunity to testify today


865
00:44:29.500 --> 00:44:32.400
as always would very much like to thank the


866
00:44:32.400 --> 00:44:35.600
staff of Cal-OSHA and the Standards Board and and others


867
00:44:35.600 --> 00:44:38.800
for all the work that's gone into this standard. We know it's been a massive


868
00:44:38.800 --> 00:44:41.400
amount of work over the last few years and by and


869
00:44:41.400 --> 00:44:44.200
large has produced a standard that has done a lot to better protect


870
00:44:44.200 --> 00:44:47.100
workers from this Hazard and we very much appreciate all of


871
00:44:47.100 --> 00:44:47.500
their work.


872
00:44:48.500 --> 00:44:51.300
Overall to summarize our comments we would say we


873
00:44:51.300 --> 00:44:54.400
strongly strongly urge the two-year read option


874
00:44:54.400 --> 00:44:57.400
of a covid standard. We do see


875
00:44:57.400 --> 00:45:00.700
some pretty serious weaknesses with this one, but it has


876
00:45:00.700 --> 00:45:03.400
done a whole lot to save workers' lives and make


877
00:45:03.400 --> 00:45:06.300
make it so that you were workers get hurt and we


878
00:45:06.300 --> 00:45:09.900
definitely appreciate that. So we definitely urge the read option of something as we


879
00:45:09.900 --> 00:45:12.200
stated in our letter and and a lot of these hearings


880
00:45:12.200 --> 00:45:15.600
before the biggest weakness we see in this obviously


881
00:45:15.600 --> 00:45:18.400
is the deletion of exclusion pain. We think it's really important


882
00:45:18.400 --> 00:45:21.200
to really pause and focus on exactly what we would


883
00:45:21.200 --> 00:45:24.800
be doing. We're we to take exclusion pay out of this standard. We would


884
00:45:24.800 --> 00:45:27.600
be setting up a system where regardless of


885
00:45:27.600 --> 00:45:30.600
the workers needs regardless of maybe how


886
00:45:30.600 --> 00:45:33.400
negligent the employer may have been we're gonna punish


887
00:45:33.400 --> 00:45:36.100
the worker for the fact that they got sick that they were


888
00:45:36.100 --> 00:45:39.400
exposed in the workplace probably through no


889
00:45:39.400 --> 00:45:42.400
fault of their own. We're gonna send them home without any


890
00:45:42.400 --> 00:45:45.700
pay that not only sends a message that essentially


891
00:45:45.700 --> 00:45:48.200
you are the one to blame here. You are the one who's going to Bear the


892
00:45:48.400 --> 00:45:51.400
Of this but also that this isn't


893
00:45:51.400 --> 00:45:54.300
something that we are taking seriously enough to pay


894
00:45:54.300 --> 00:45:57.000
you for so workers are going to take that message. A lot


895
00:45:57.100 --> 00:46:00.500
of them are going to make the impossible choice to either work. Well


896
00:46:00.500 --> 00:46:03.300
sick and just not tell their employer a lot of them will


897
00:46:03.300 --> 00:46:06.400
lose their jobs the effects on workers and their families will be


898
00:46:06.400 --> 00:46:09.100
massive and we strongly strongly urge the


899
00:46:09.100 --> 00:46:11.000
return of exclusion pay to this standard.


900
00:46:11.800 --> 00:46:14.600
And we also wanted to quickly respond to a few points raised


901
00:46:14.600 --> 00:46:18.100
by employers that can probably be summarized in


902
00:46:17.100 --> 00:46:20.900
a few different categories one would be that things


903
00:46:20.900 --> 00:46:23.400
are things are better now that because fewer workers


904
00:46:23.400 --> 00:46:26.500
are dying that because fewer workers are being


905
00:46:26.500 --> 00:46:29.600
hospitalized that that warrants us walking


906
00:46:29.600 --> 00:46:32.400
this back or maybe even eliminating the standard all


907
00:46:32.400 --> 00:46:35.600
together. We strongly strongly disagree


908
00:46:35.600 --> 00:46:39.300
with that characterization of where we are in the pandemic long covid


909
00:46:38.300 --> 00:46:41.500
by some measures now affects most people


910
00:46:41.500 --> 00:46:44.300
who get covid. The numbers are all over the place. I've seen


911
00:46:44.300 --> 00:46:47.200
three percent. I've seen 60% it seems to kind


912
00:46:47.200 --> 00:46:50.300
of hover more in the like third or so with


913
00:46:50.300 --> 00:46:53.600
people who get covid experience some sort of significant long covid.


914
00:46:53.600 --> 00:46:56.500
Well, we're talking about months. If not years.


915
00:46:56.500 --> 00:47:00.200
If not a lifetime of dementia of


916
00:46:59.200 --> 00:47:03.000
increased risk of heart disease and Stroke of


917
00:47:02.500 --> 00:47:06.100
a variety of other conditions respiratory difficulties


918
00:47:05.100 --> 00:47:08.500
that never go away that are


919
00:47:08.500 --> 00:47:11.700
just too much to ask workers to bear that obviously


920
00:47:11.800 --> 00:47:14.400
Say we want to get back to normal as much as we possibly can.


921
00:47:14.400 --> 00:47:17.400
We really see a strong two-year read


922
00:47:17.400 --> 00:47:20.600
option as the best middle ground here that we still allow


923
00:47:20.600 --> 00:47:23.500
the economy to keep going. We still keep people at work, but


924
00:47:23.500 --> 00:47:24.800
we still keep workers safe.


925
00:47:25.500 --> 00:47:28.400
So we really strongly believe that the effect of long covid


926
00:47:28.400 --> 00:47:31.300
on people needs to be factored in directly to every decision. We make


927
00:47:31.300 --> 00:47:34.600
on this standard and make sure that the standard stays in


928
00:47:34.600 --> 00:47:35.900
place and that workers are kept safe.


929
00:47:37.200 --> 00:47:40.400
Um, we would also really strongly urge the board to consider


930
00:47:40.400 --> 00:47:43.500
that this virus can always change that right


931
00:47:43.500 --> 00:47:46.300
now fatality rates are pretty low hospitalization is pretty


932
00:47:46.300 --> 00:47:50.100
low. But you look at what's happened with this virus so


933
00:47:49.100 --> 00:47:52.200
far in it. It does this. It is not


934
00:47:52.200 --> 00:47:55.500
endemic endemic means that things have stabilized. We are


935
00:47:55.500 --> 00:47:58.500
far from having stabilized. Maybe the new boosters will


936
00:47:58.500 --> 00:48:01.300
work really well. Maybe they won't but the reality is we don't know what's


937
00:48:01.300 --> 00:48:04.400
coming and we need to have a strong standard in place to protect against


938
00:48:04.400 --> 00:48:07.700
whatever may be coming in the future. So overall we


939
00:48:07.700 --> 00:48:10.400
strongly urge the board to read up something, but we also


940
00:48:10.400 --> 00:48:13.200
strongly urge to the board to return exclusion pay to the standard


941
00:48:13.200 --> 00:48:16.200
so that we don't so that we don't make things


942
00:48:16.200 --> 00:48:19.500
worse and we give workers what they need to keep themselves safe and


943
00:48:19.500 --> 00:48:21.600
better recover from the virus when they do get it. Gracias.


944
00:48:22.600 --> 00:48:22.900
Thank you.


945
00:48:32.200 --> 00:48:32.400
Morning.


946
00:48:35.400 --> 00:48:38.600
Good morning. I'm Ann cotton with California row


947
00:48:38.600 --> 00:48:41.300
legal assistance Foundation. Obviously not used to in person


948
00:48:41.300 --> 00:48:41.900
right now.


949
00:48:42.900 --> 00:48:45.600
I greatly appreciate the


950
00:48:45.600 --> 00:48:48.600
all the hard work of the division and the board and developing


951
00:48:48.600 --> 00:48:51.900
and I'm maintaining a covid emergency regulation over


952
00:48:51.900 --> 00:48:55.800
these recent years. We We join


953
00:48:55.800 --> 00:48:58.000
Mr. Steiger in the


954
00:48:58.300 --> 00:49:01.900
labor Federation and strongly supporting the need for a non-emergency


955
00:49:01.900 --> 00:49:03.700
covid prevention standard.


956
00:49:04.400 --> 00:49:07.800
maintaining these key prevention protections


957
00:49:08.700 --> 00:49:11.900
including notification of


958
00:49:11.900 --> 00:49:14.900
cases in in shared workspaces


959
00:49:14.900 --> 00:49:17.900
shared air spaces is critical


960
00:49:17.900 --> 00:49:20.100
for preventing spread of covid in the


961
00:49:20.100 --> 00:49:23.700
workplace and an employer provided housing and transportation.


962
00:49:25.200 --> 00:49:28.900
This is critical for especially for essential low wage


963
00:49:28.900 --> 00:49:32.000
workers and agriculture food processing and


964
00:49:31.300 --> 00:49:34.500
other sectors similar sectors to


965
00:49:34.500 --> 00:49:36.800
reduce health risk to these workers and their families.


966
00:49:37.800 --> 00:49:40.200
As Mr. Steiger has mentioned a growing


967
00:49:40.200 --> 00:49:43.800
number of studies indicate that long covid poses


968
00:49:43.800 --> 00:49:45.600
serious long-term health risks.


969
00:49:46.400 --> 00:49:49.700
including diabetes cardiovascular disease


970
00:49:49.700 --> 00:49:52.400
and neurogenerate neurodegeneration


971
00:49:53.200 --> 00:49:54.000
disorders


972
00:49:55.500 --> 00:49:59.000
and they're also studies indicating that re-infection increases


973
00:49:58.100 --> 00:50:00.300
the risk of long covid.


974
00:50:01.700 --> 00:50:04.400
While covid infection rates are dropping in


975
00:50:04.400 --> 00:50:08.400
the more affluent Coastal counties infection rates


976
00:50:08.400 --> 00:50:11.700
are still high in Kern Kings Merced and


977
00:50:11.700 --> 00:50:14.500
Madera counties at the moment and rising in


978
00:50:14.500 --> 00:50:17.600
Tulare in Fresno County's and moderate


979
00:50:17.600 --> 00:50:19.700
in many counties including this one.


980
00:50:21.200 --> 00:50:24.700
We urge you also to reinstate exclusion pay.


981
00:50:25.600 --> 00:50:28.500
And rights to maintain earnings in seniority and


982
00:50:28.500 --> 00:50:31.400
other similar related rights, including the


983
00:50:31.400 --> 00:50:33.000
right to retain job status.


984
00:50:33.900 --> 00:50:36.400
Ending exclusion


985
00:50:36.400 --> 00:50:39.700
pay would undermine the entire regulation as


986
00:50:39.700 --> 00:50:41.700
Mr. Steiger has has explained.


987
00:50:43.600 --> 00:50:44.500
and workers will


988
00:50:47.300 --> 00:50:51.600
anyway, he's explained up. Well, if agriculture workers


989
00:50:51.600 --> 00:50:55.000
remain at high risk of exposure and infection in


990
00:50:54.600 --> 00:50:57.500
crowded employer house provided housing


991
00:50:57.500 --> 00:51:00.700
and during very long van and bus rights


992
00:51:00.700 --> 00:51:03.000
to work sites at distance locations.


993
00:51:04.100 --> 00:51:07.400
In addition h2a workers are also


994
00:51:07.400 --> 00:51:10.800
transported together for many hours or days from


995
00:51:10.800 --> 00:51:13.400
their places of recruitment to their


996
00:51:13.400 --> 00:51:14.600
California employers.


997
00:51:15.400 --> 00:51:18.400
And our dependent on employer provided transportation


998
00:51:18.400 --> 00:51:21.800
to get to stores and Healthcare and


999
00:51:21.800 --> 00:51:24.800
to get back home at the end of their contracts to


1000
00:51:24.800 --> 00:51:27.400
protect these workers. The regulation should continue


1001
00:51:27.400 --> 00:51:30.700
to apply broadly to all employer provided


1002
00:51:30.700 --> 00:51:31.400
transportation.


1003
00:51:32.900 --> 00:51:35.300
Are written comments include several other


1004
00:51:35.300 --> 00:51:39.500
recommendations for minor revisions or clarifications through


1005
00:51:38.500 --> 00:51:42.000
the faq's and we


1006
00:51:41.800 --> 00:51:44.900
again strongly support retaining a


1007
00:51:44.900 --> 00:51:47.400
regulation, but adding exclusion pay. Gracias.


1008
00:51:48.400 --> 00:51:48.800
Thank you.


1009
00:51:53.200 --> 00:51:53.500
Morning.


1010
00:51:59.100 --> 00:52:02.200
Hi, good morning Board of members. My name is Michael Miller with


1011
00:52:02.200 --> 00:52:05.200
the California Association of wine group Growers. I too want


1012
00:52:05.200 --> 00:52:08.300
to thank the division staff and board staff


1013
00:52:08.300 --> 00:52:11.300
for hard work on this issue. I know a lot of time and energy is gone


1014
00:52:11.300 --> 00:52:15.600
into it. I'm very respectful appreciative of all the work. I'm always


1015
00:52:14.600 --> 00:52:17.700
speaking briefly today in the covid-19 regulation.


1016
00:52:17.700 --> 00:52:20.500
I will try to be brief our association


1017
00:52:20.500 --> 00:52:23.700
along with the wine Institute and family winemakers of California submit


1018
00:52:23.700 --> 00:52:26.600
have already submitted written comments in opposition


1019
00:52:26.600 --> 00:52:29.200
to the proposed regulation in short. We


1020
00:52:29.200 --> 00:52:32.700
are very concerned with the following the regulation. Unfortunately


1021
00:52:32.700 --> 00:52:35.200
continues and emergency response to the


1022
00:52:35.200 --> 00:52:38.100
band hammock. There's no data to support the need for


1023
00:52:38.100 --> 00:52:41.800
or the need for or efficacy of the proposed


1024
00:52:41.800 --> 00:52:44.600
regulation and the proposal regulation is contrary


1025
00:52:44.600 --> 00:52:47.900
to the advice and Council from President Biden Governor


1026
00:52:47.900 --> 00:52:50.500
Newsom cdph CDC and


1027
00:52:50.500 --> 00:52:54.200
leading health expert experts across the country and 2020


1028
00:52:53.200 --> 00:52:56.900
the board felt that I had to do something and response


1029
00:52:56.900 --> 00:52:58.800
to a global lockdown a


1030
00:52:59.300 --> 00:53:02.800
Health crisis, we appreciate that decisions then we're


1031
00:53:02.800 --> 00:53:05.300
not Based on data, but we're not there anymore.


1032
00:53:05.300 --> 00:53:09.000
We now know much more about the virus risk factors


1033
00:53:08.800 --> 00:53:11.100
vaccines how the viruses spread


1034
00:53:11.600 --> 00:53:11.800
Etc.


1035
00:53:13.200 --> 00:53:16.900
Decisions today must be based on data. There's no


1036
00:53:16.900 --> 00:53:19.500
excuse anymore for ignoring a


1037
00:53:19.500 --> 00:53:22.500
lack of data. This board has called time and time


1038
00:53:22.500 --> 00:53:25.600
again for data on workplace exposure to


1039
00:53:25.600 --> 00:53:28.500
covid and contraction of covid in the workplace yet.


1040
00:53:28.500 --> 00:53:29.700
There still is no data.


1041
00:53:30.500 --> 00:53:32.800
the board statement of reasons on page four states


1042
00:53:33.600 --> 00:53:36.500
data for the number of covid cases that number of


1043
00:53:36.500 --> 00:53:39.400
cases of covid-19 infection and the number of hospitalizations and


1044
00:53:39.400 --> 00:53:42.500
dese attributable to workplace exposure to covid-19


1045
00:53:42.500 --> 00:53:45.200
is not currently available to be clear


1046
00:53:45.200 --> 00:53:48.100
that data has never been available in the


1047
00:53:48.100 --> 00:53:50.300
state has never made a serious attempt to collect the data.


1048
00:53:51.200 --> 00:53:54.300
While the public and public health experts have moved on from a


1049
00:53:54.300 --> 00:53:57.600
2020 kind of response to covid-19 this regulation


1050
00:53:57.600 --> 00:53:59.500
is stuck in 2020.


1051
00:54:00.300 --> 00:54:04.100
When you read the statement of reasons, you will find more than 50 references to


1052
00:54:03.100 --> 00:54:06.400
articles and information from 2020.


1053
00:54:07.500 --> 00:54:10.600
Much of the proposed regulation was first adopted in 2020 as


1054
00:54:10.600 --> 00:54:13.300
an emergency temporary standard when the ETS


1055
00:54:13.300 --> 00:54:16.500
was adopted the board meeting clear to the public that the emergency


1056
00:54:16.500 --> 00:54:19.600
standard was sustain effect only during the dire Health


1057
00:54:19.600 --> 00:54:22.600
situation specifically the board


1058
00:54:22.600 --> 00:54:25.600
stated it wanted to explore a new infectious disease standard


1059
00:54:25.600 --> 00:54:28.600
quote after the pandemic has subsided.


1060
00:54:29.400 --> 00:54:32.400
Well President Biden and Governor Newsom have both


1061
00:54:32.400 --> 00:54:35.400
said the covid-19 pandemic has subsided.


1062
00:54:36.300 --> 00:54:39.800
So we are not sure why we're looking at keeping a covid-19 standard


1063
00:54:39.800 --> 00:54:42.500
in place for two more years instead of


1064
00:54:42.500 --> 00:54:45.800
working on an infectious disease standard and the


1065
00:54:45.800 --> 00:54:49.000
big picture. We are very concerned that the regulation would punish, California


1066
00:54:48.500 --> 00:54:50.600
employees for a job. Well done.


1067
00:54:51.400 --> 00:54:55.000
When we ask them police to take precautions and where masks can


1068
00:54:54.100 --> 00:54:58.000
say six feet apart by and large they did when we


1069
00:54:57.100 --> 00:55:00.400
asked them to get vaccines. They mostly agreed


1070
00:55:00.400 --> 00:55:03.100
when we ask them to get boosters most of them


1071
00:55:03.100 --> 00:55:06.700
did and we hope that as we move to an annual flu


1072
00:55:06.700 --> 00:55:09.500
shot approach to covid-19. They will again do


1073
00:55:09.500 --> 00:55:12.700
the responsible thing. This is especially important


1074
00:55:12.700 --> 00:55:15.400
relative to long-term effects from covid.


1075
00:55:15.400 --> 00:55:18.200
If you look at the CDC website CDC makes


1076
00:55:18.200 --> 00:55:21.800
it clear that the best way to reduce your risk of covid is


1077
00:55:21.800 --> 00:55:24.200
by getting vaccinated and that is


1078
00:55:24.200 --> 00:55:27.300
that is what we need to be focusing on and we also know


1079
00:55:27.300 --> 00:55:30.400
that long-term covid is mostly from a community


1080
00:55:30.400 --> 00:55:34.400
spread exposure. It's not from the workplace yet


1081
00:55:33.400 --> 00:55:36.200
this regulation ignores.


1082
00:55:37.300 --> 00:55:41.600
I should say a lacks the reward to California's


1083
00:55:40.600 --> 00:55:43.300
who have gotten the shot down the responsible


1084
00:55:43.300 --> 00:55:46.100
thing and instead it punishes them for a job.


1085
00:55:46.100 --> 00:55:46.500
Well done.


1086
00:55:48.400 --> 00:55:51.200
The regulation should tragically move forward we ask


1087
00:55:51.200 --> 00:55:52.800
for a couple of considerations.


1088
00:55:53.800 --> 00:55:56.400
One the regulation should sunset in one


1089
00:55:56.400 --> 00:55:59.500
year not two. Please provide some light at


1090
00:55:59.500 --> 00:56:02.100
the end of the covid-19 tunnel. This can't go on


1091
00:56:02.100 --> 00:56:02.500
forever.


1092
00:56:03.300 --> 00:56:06.400
Then notice to employee requirements should be deleted as they


1093
00:56:06.400 --> 00:56:09.600
are duplicative of existing law and therefore in


1094
00:56:09.600 --> 00:56:10.600
violation of the APA.


1095
00:56:11.700 --> 00:56:14.200
Third issue we please make a


1096
00:56:14.200 --> 00:56:17.400
clear distinction between indoor and outdoor workplaces throughout


1097
00:56:17.400 --> 00:56:20.300
the regulation and several places both that treated


1098
00:56:20.300 --> 00:56:22.000
the same even though the risk.


1099
00:56:22.900 --> 00:56:26.300
Are much reduced when working Outdoors relative


1100
00:56:25.300 --> 00:56:28.500
to housing and transportation. We're very concerned


1101
00:56:28.500 --> 00:56:31.800
that in the real world what our


1102
00:56:31.800 --> 00:56:34.200
employers provide housing and transportation. It is an


1103
00:56:34.200 --> 00:56:37.100
option for employees. It is not required that they use it.


1104
00:56:38.300 --> 00:56:41.100
In many cases our employers provide housing where there is


1105
00:56:41.100 --> 00:56:44.700
none in the community or is simply unaffordable for


1106
00:56:44.700 --> 00:56:48.200
the workers. So it's provided as an option yet. This


1107
00:56:47.200 --> 00:56:50.800
punishes those employers for providing


1108
00:56:50.800 --> 00:56:53.600
that housing by subjecting that housing


1109
00:56:53.600 --> 00:56:55.100
to this regulation.


1110
00:56:56.100 --> 00:56:59.100
The other issue we want you to address is the outbreak provisions and


1111
00:56:59.100 --> 00:57:02.400
the in the regulation. We agree with the previous comments that


1112
00:57:02.400 --> 00:57:05.800
they simply outdated and don't reflect the real world today when


1113
00:57:05.800 --> 00:57:08.700
you look at this room, I mean all of us I think will know


1114
00:57:08.700 --> 00:57:11.300
somebody or ourselves have had covid or will get covid.


1115
00:57:11.300 --> 00:57:14.300
We know that it's highly likely though that when


1116
00:57:14.300 --> 00:57:17.200
that happens it's gonna be in the community to then take that


1117
00:57:17.200 --> 00:57:20.100
Community increasing cases and make it


1118
00:57:20.100 --> 00:57:23.700
a workplace outbreak for us. It makes no sense, and it


1119
00:57:23.700 --> 00:57:26.100
seems to make the workplace more dangerous than the community


1120
00:57:26.100 --> 00:57:29.500
when in many cases that actually is safer. We appreciate that


1121
00:57:29.500 --> 00:57:32.700
when the board took up the covid-19 issue. It felt


1122
00:57:32.700 --> 00:57:35.600
they had to do something. We understand that, but we're not there


1123
00:57:35.600 --> 00:57:38.000
anymore. We need to look at data. We need


1124
00:57:38.100 --> 00:57:41.600
to look at evidence, and we need to make decisions going forward based on


1125
00:57:41.600 --> 00:57:44.100
that information. Otra vez. Thank you very much for your time,


1126
00:57:44.100 --> 00:57:46.600
and I can see wrapping the app. Muchísimas gracias.


1127
00:57:49.100 --> 00:57:51.900
I think my we're going to go back to the phone calls.


1128
00:57:53.200 --> 00:57:53.500
we have


1129
00:57:55.600 --> 00:57:58.600
a up next is Jennifer M. We don't have an affiliation


1130
00:57:58.600 --> 00:57:59.700
to her name.


1131
00:58:01.400 --> 00:58:02.200
Jennifer can you hear us?


1132
00:58:05.200 --> 00:58:06.700
You could turn it up just a little bit.


1133
00:58:08.400 --> 00:58:10.100
I can see you. Avanzar.


1134
00:58:11.300 --> 00:58:14.200
Okay, good morning. Everyone. Good morning


1135
00:58:14.200 --> 00:58:17.200
to the callowisha board. Thank you so much for the opportunity to provide these


1136
00:58:17.200 --> 00:58:20.200
comments. My name is Jennifer. I'm here today to provide


1137
00:58:20.200 --> 00:58:23.500
feedback on two specific parts of the covid non-emergency


1138
00:58:23.500 --> 00:58:26.700
regulation on behalf of a San francisco-based business.


1139
00:58:26.700 --> 00:58:29.400
I know that the regulation that you're all reviewing today


1140
00:58:29.400 --> 00:58:32.400
is very Broad and covers a lot of areas. So like many others


1141
00:58:32.400 --> 00:58:35.600
today. What I'd like to do is focus my comments on two


1142
00:58:35.600 --> 00:58:38.400
specific things the definition of outbreaks in


1143
00:58:38.400 --> 00:58:41.200
the workplace and the close contact definition as well


1144
00:58:41.200 --> 00:58:44.100
regarding outbreaks while I am


1145
00:58:44.100 --> 00:58:47.200
of course supportive of sound policies to address the health


1146
00:58:47.200 --> 00:58:49.000
and safety of everyone in the workplace.


1147
00:58:49.700 --> 00:58:52.200
Definition of outbreak which is currently three or more


1148
00:58:52.200 --> 00:58:55.800
cases and a 14-day period feels too narrow and imposes


1149
00:58:55.800 --> 00:58:58.500
a pretty big challenge for running our business. We have


1150
00:58:58.500 --> 00:59:01.200
approximately 350 employees in an office


1151
00:59:01.200 --> 00:59:05.300
building with four interconnected floors with open stairwells. So


1152
00:59:04.300 --> 00:59:07.200
when we have one covid case in the


1153
00:59:07.200 --> 00:59:10.800
office because of the definition of exposed group that single


1154
00:59:10.800 --> 00:59:13.100
case counts toward our entire company, even if


1155
00:59:13.100 --> 00:59:16.200
that person was only in close contact with a few


1156
00:59:16.800 --> 00:59:19.500
in a scenario when we hit three cases, which has


1157
00:59:19.500 --> 00:59:22.600
happened several times. The entire company has to either mask or


1158
00:59:22.600 --> 00:59:25.300
we choose to send everyone home which are both not great


1159
00:59:25.300 --> 00:59:25.900
solutions for us.


1160
00:59:26.600 --> 00:59:29.100
So this narrow definition of outbreak feels kind


1161
00:59:29.100 --> 00:59:32.300
of out of Step as others have mentioned with the overall direction of the


1162
00:59:32.300 --> 00:59:35.400
CDC and other public health departments as they continue to loosen


1163
00:59:35.400 --> 00:59:38.300
covid protocols and are telling kind of society at large


1164
00:59:38.300 --> 00:59:39.900
that we need to learn to live with covid.


1165
00:59:40.600 --> 00:59:43.300
The second comment I wanted to provide was about


1166
00:59:43.300 --> 00:59:46.500
the definition of close contact. So as someone who manages this process


1167
00:59:46.500 --> 00:59:49.200
for our company this definition the new


1168
00:59:49.200 --> 00:59:52.400
definition of airspace makes it just incredibly difficult to determine who


1169
00:59:52.400 --> 00:59:55.200
is or who is not a close contact. In fact,


1170
00:59:55.200 --> 00:59:58.500
we've even thought about whether we should come up with our own internal definition of


1171
00:59:58.500 --> 01:00:01.400
something like six feet 10 feet 20 feet because


1172
01:00:01.400 --> 01:00:03.500
just the rating of the definition is so ambiguous.


1173
01:00:04.100 --> 01:00:07.700
So what I'm advocating today is that you consider amending


1174
01:00:07.700 --> 01:00:10.200
the definition of outbreak perhaps by making.


1175
01:00:11.300 --> 01:00:14.500
Case count much larger or proportional to company


1176
01:00:14.500 --> 01:00:17.800
size or possibly narrowing the definition of exposed groups,


1177
01:00:17.800 --> 01:00:20.600
but it more closely ties to close contacts versus


1178
01:00:20.600 --> 01:00:21.800
the entire office space.


1179
01:00:22.500 --> 01:00:25.800
And then finally that you provide greater Clarity on how we perform


1180
01:00:25.800 --> 01:00:28.500
contact tracing under the new definition and thank


1181
01:00:28.500 --> 01:00:29.400
you so much for your time.


1182
01:00:32.700 --> 01:00:34.000
Do we have next Maya?


1183
01:00:36.300 --> 01:00:39.700
I'm going to go back to Sarah Layton with E and B natural resources.


1184
01:00:41.400 --> 01:00:42.600
Sarah can you hear us?


1185
01:00:56.200 --> 01:00:59.500
Next is Matt Sutton with California Restaurant Association.


1186
01:01:00.900 --> 01:01:01.900
At can you hear us?


1187
01:01:06.200 --> 01:01:06.300
at


1188
01:01:12.100 --> 01:01:12.900
up next


1189
01:01:14.300 --> 01:01:17.700
Up. Next is Andrew wylam with pandemic patients.


1190
01:01:19.300 --> 01:01:20.400
Andrew can you hear us?


1191
01:01:23.600 --> 01:01:26.300
Yes, can you hear me? Yeah, go ready. You might want


1192
01:01:26.300 --> 01:01:28.200
to turn your volume up just to hear.


1193
01:01:30.100 --> 01:01:33.400
Okay ahead. Hola. My name is Andrew wylum and


1194
01:01:33.400 --> 01:01:37.400
I'm the president of pandemic patients which is a 501c3 nonprofit


1195
01:01:36.400 --> 01:01:40.100
patient. Advocacy organization that works


1196
01:01:39.100 --> 01:01:42.800
to relieve the harm caused by covid-19 and post-covid


1197
01:01:42.800 --> 01:01:45.300
conditions. We believe that the most effective strategy


1198
01:01:45.300 --> 01:01:48.300
will producing the harm caused by covid-19 is to prevent


1199
01:01:48.300 --> 01:01:49.600
new infections from occurring.


1200
01:01:50.500 --> 01:01:53.800
Pandemic patients supports the implementation of workplace safety


1201
01:01:53.800 --> 01:01:56.600
standards that are responsive to the danger presented by covid-19.


1202
01:01:57.400 --> 01:02:00.400
We believe that state and federal Regulatory Agencies with


1203
01:02:00.400 --> 01:02:03.600
jurisdiction over occupational health and safety must act


1204
01:02:03.600 --> 01:02:06.600
with urgency to implement effective workplace safety standards


1205
01:02:06.600 --> 01:02:09.400
to mitigate occupational exposure and Community spread of


1206
01:02:09.400 --> 01:02:10.000
covid-19.


1207
01:02:10.900 --> 01:02:13.600
We support the enactment of the General Industry Safety Orders.


1208
01:02:15.300 --> 01:02:18.600
We applaud Cal OSHA for developing an issuing these proposed orders.


1209
01:02:18.600 --> 01:02:21.700
We believe that the Safety Orders represent important progress


1210
01:02:21.700 --> 01:02:24.800
in the US's response to the coronavirus pandemic. It's


1211
01:02:24.800 --> 01:02:27.200
implemented we're confident that the Safety Orders will limit


1212
01:02:27.200 --> 01:02:30.700
workers occupational exposure to covid-19 and California and


1213
01:02:30.700 --> 01:02:33.400
will prompt other states to follow California's example


1214
01:02:33.400 --> 01:02:37.200
by implementing similar workplace safety measures. We strongly


1215
01:02:36.200 --> 01:02:39.600
support these orders, but we have a few amendments we'd


1216
01:02:39.600 --> 01:02:40.100
like you to consider.


1217
01:02:41.200 --> 01:02:44.300
For Section 325 C3 this requires


1218
01:02:44.300 --> 01:02:48.000
employers to provide training to employees regarding covid-19


1219
01:02:47.600 --> 01:02:51.200
in accordance with subsection. 3203 A7.


1220
01:02:51.800 --> 01:02:54.400
Pandemic patients supports this provision because it promotes


1221
01:02:54.400 --> 01:02:57.700
greater awareness about covid-19 in the workplace. However, we


1222
01:02:57.700 --> 01:03:00.800
recommend that final regulation include greater specificity


1223
01:03:00.800 --> 01:03:03.300
regarding the information the employees must


1224
01:03:03.300 --> 01:03:04.200
receive training on.


1225
01:03:05.100 --> 01:03:09.000
We recommend that employers be required to provide training on covid-19


1226
01:03:08.500 --> 01:03:11.700
symptoms common, viral transmission Pathways


1227
01:03:11.700 --> 01:03:14.600
covid-19, testing methods how workers


1228
01:03:14.600 --> 01:03:17.100
can protect themselves and others following a potential or


1229
01:03:17.100 --> 01:03:20.400
confirmed exposure to covid-19 the potential long-term


1230
01:03:20.400 --> 01:03:23.300
Health consequences of covid-19 infection, including long


1231
01:03:23.300 --> 01:03:27.000
covid. And when to seek emergency medical care, we recommend


1232
01:03:26.100 --> 01:03:29.500
that Cal OSHA periodically issue standardized training


1233
01:03:29.500 --> 01:03:32.500
materials to employers to ensure that the information they're


1234
01:03:32.500 --> 01:03:33.900
providing to employees up to date.


1235
01:03:34.800 --> 01:03:37.500
next on Section 3205 C4 this


1236
01:03:37.500 --> 01:03:41.000
requires employers to establish procedures for investigating covid-19


1237
01:03:40.500 --> 01:03:44.000
illness in the workplace, which includes encouraging employees


1238
01:03:43.300 --> 01:03:46.100
to report symptoms and stay home when ill


1239
01:03:46.500 --> 01:03:49.300
We support this provision because it encourages employees to respond


1240
01:03:49.300 --> 01:03:52.600
properly by staying at home if they begin experiencing covid-19 symptoms.


1241
01:03:53.400 --> 01:03:56.000
However, we're concerned that employees will not comply with


1242
01:03:56.200 --> 01:03:57.400
this requirement due to disappear.


1243
01:03:58.100 --> 01:04:01.400
Of wage loss or reprisal even if additional measures


1244
01:04:01.400 --> 01:04:04.100
already exist to protect them from retaliation by their employer.


1245
01:04:04.700 --> 01:04:07.200
We urged the board to implement additional measures to protect


1246
01:04:07.200 --> 01:04:11.400
employees to report symptoms and stay home. Specifically employers should


1247
01:04:11.400 --> 01:04:14.400
be required to provide train to employees regarding any workplace benefits


1248
01:04:14.400 --> 01:04:16.900
available to them that would support their ability to stay home.


1249
01:04:17.600 --> 01:04:20.400
From work if they're experiencing covid-19 symptoms for example


1250
01:04:20.400 --> 01:04:23.400
paid sick leave additionally employers should


1251
01:04:23.400 --> 01:04:26.200
be required to instruct employees on the protections available to them


1252
01:04:26.200 --> 01:04:29.300
under Section 63 11 of the labor code


1253
01:04:29.300 --> 01:04:32.300
as they relate to unsafe working conditions caused by covid-19.


1254
01:04:33.200 --> 01:04:36.100
The occupational safety and health standards or can


1255
01:04:36.100 --> 01:04:39.400
incorporate these recommendations into section. 3205 C3.


1256
01:04:40.100 --> 01:04:44.400
Next section 3205 c5e requires employers


1257
01:04:43.400 --> 01:04:46.400
to implement effective procedures for responding to


1258
01:04:46.400 --> 01:04:49.100
a case of covid-19 in the workplace, which requires them


1259
01:04:49.100 --> 01:04:52.200
to exclude employees from the workplace following a potential or confirm


1260
01:04:52.200 --> 01:04:55.300
exposure upon exclusion. This requires employers to


1261
01:04:55.300 --> 01:04:58.500
provide the effective employee with information about any benefits related to


1262
01:04:58.500 --> 01:05:01.200
covid-19. They may be entitled to we support this


1263
01:05:01.200 --> 01:05:04.300
provisioning. However, we believe that additional employee benefits should be


1264
01:05:04.300 --> 01:05:07.600
specifically noted in a Safety Orders accordingly. They


1265
01:05:07.600 --> 01:05:10.600
should require employers to provide information to employees regarding


1266
01:05:10.600 --> 01:05:14.200
any available workplace disability benefits additionally employers


1267
01:05:13.200 --> 01:05:16.300
should be required to furnish a copy of any


1268
01:05:16.300 --> 01:05:19.800
relevant coverage documents to employees at this time from our


1269
01:05:19.800 --> 01:05:22.500
experience assisting long covid patients with disability claims.


1270
01:05:22.500 --> 01:05:25.600
There are commonly unaware of the disability coverage that's


1271
01:05:25.600 --> 01:05:28.300
available to them all there are often unsure of


1272
01:05:28.300 --> 01:05:31.400
where to find their policy documents including this information at


1273
01:05:31.400 --> 01:05:34.400
the time. They are, excuse me. One second. Excuse me. Excuse me,


1274
01:05:34.400 --> 01:05:37.000
excuse me. Can you speak just a little


1275
01:05:37.300 --> 01:05:40.000
bit slower? You're kind of getting we got


1276
01:05:40.300 --> 01:05:43.500
People transcribing, so please a little slower and


1277
01:05:43.500 --> 01:05:44.700
wrap it up. Gracias.


1278
01:05:47.500 --> 01:05:50.300
From our experience of helping employees with long covid


1279
01:05:50.300 --> 01:05:53.400
apply for disability benefits. There are often unaware of


1280
01:05:53.400 --> 01:05:56.100
where to find their policy documents. So including this


1281
01:05:56.100 --> 01:05:59.400
information at the time, they're excluded from work will help them apply those


1282
01:05:59.400 --> 01:06:02.500
benefits if it need your prices, and that's also thank


1283
01:06:02.500 --> 01:06:05.300
you for considering our position on these orders and our recommended


1284
01:06:05.300 --> 01:06:06.200
amendments. Gracias.


1285
01:06:07.300 --> 01:06:07.600
Thank you very much.


1286
01:06:08.900 --> 01:06:10.200
Do we have up next Maya?


1287
01:06:12.900 --> 01:06:15.700
Up next to Samantha Webster with Safeway employee


1288
01:06:15.700 --> 01:06:18.100
and UFCW five member.


1289
01:06:19.500 --> 01:06:20.700
Anthony can you hear us?


1290
01:06:25.800 --> 01:06:26.600
Samantha


1291
01:06:32.400 --> 01:06:33.500
I will try the next.


1292
01:06:35.700 --> 01:06:38.300
Up. Next is Anastasia. Nicole Wright with


1293
01:06:38.300 --> 01:06:38.800
worksafe.


1294
01:06:39.900 --> 01:06:41.400
Anastasia, can you hear us?


1295
01:06:44.100 --> 01:06:46.800
Yes, you hear me? Yes, go right ahead.


1296
01:06:47.600 --> 01:06:48.200
Perfect.


1297
01:06:50.600 --> 01:06:53.300
So good morning everybody. Good morning to the


1298
01:06:53.300 --> 01:06:56.300
board members. We want to thank you for hearing


1299
01:06:56.300 --> 01:06:59.600
us out as we bring up again. The issue


1300
01:06:59.600 --> 01:07:02.600
that we find so vital it Bears repeating over and


1301
01:07:02.600 --> 01:07:05.400
over until the people of California are giving what


1302
01:07:05.400 --> 01:07:07.700
they need and what they deserve from their public officials.


1303
01:07:08.800 --> 01:07:11.100
No individual or family should have


1304
01:07:11.100 --> 01:07:14.300
to bear the brunt of this pandemic directly on their shoulders.


1305
01:07:15.100 --> 01:07:18.400
But that's exactly what we're doing to exactly the


1306
01:07:18.400 --> 01:07:21.200
people who have the least time the least money


1307
01:07:21.200 --> 01:07:24.500
and the least energy to spare to help


1308
01:07:24.500 --> 01:07:27.900
them carry that weight if we don't include exclusion


1309
01:07:27.900 --> 01:07:29.100
pay in the two-year standard.


1310
01:07:30.500 --> 01:07:33.100
We appreciate all the work. How lotion in this board has


1311
01:07:33.100 --> 01:07:36.600
done to protect California workers during this pandemic via the


1312
01:07:36.600 --> 01:07:37.600
covid-19 ETF.


1313
01:07:38.900 --> 01:07:41.800
In this non-disposed non-emergency standard and


1314
01:07:41.800 --> 01:07:44.400
we also understand the need for you all to consider business


1315
01:07:44.400 --> 01:07:46.700
and labor when deciding a way to move forward.


1316
01:07:47.300 --> 01:07:50.200
However, exclusion is the benefit to


1317
01:07:50.200 --> 01:07:53.200
all of us workers Employers in the


1318
01:07:53.200 --> 01:07:54.100
public at Large.


1319
01:07:55.100 --> 01:07:58.400
Collusion pay provides the means by which workers can afford to


1320
01:07:58.400 --> 01:08:01.200
stay home and protect the public instead of


1321
01:08:01.200 --> 01:08:03.400
exposing everyone around them to illness.


1322
01:08:04.200 --> 01:08:07.400
It will greatly reduce the effectiveness of the standard if this


1323
01:08:07.400 --> 01:08:08.500
vital component is left out.


1324
01:08:10.500 --> 01:08:13.300
By ensuring that workers who are required to quarantine from work will still


1325
01:08:13.300 --> 01:08:16.400
receive their pay in job protection. We remove the


1326
01:08:16.400 --> 01:08:19.300
incentive for those who live paycheck to paycheck and


1327
01:08:19.300 --> 01:08:22.800
can't afford to miss one day of work. Let alone five days


1328
01:08:22.800 --> 01:08:25.300
of work to hide their illness from their employers and


1329
01:08:25.300 --> 01:08:27.100
come to work sick and infect other employees.


1330
01:08:28.300 --> 01:08:31.300
For the last two years and counting exclusion pay has


1331
01:08:31.300 --> 01:08:33.000
been a status quo reality for workers.


1332
01:08:33.900 --> 01:08:37.100
One upon which California's workers rely, especially


1333
01:08:36.100 --> 01:08:39.700
in a cruel landscape where many


1334
01:08:39.700 --> 01:08:42.500
workplaces do not allocate workers with any more


1335
01:08:42.500 --> 01:08:45.700
sick leave than the three days that California law requires.


1336
01:08:46.600 --> 01:08:49.600
Additionally workers will eventually lose supplemental paid sick


1337
01:08:49.600 --> 01:08:52.200
leave protections and there is no guarantee that


1338
01:08:52.200 --> 01:08:55.600
it will come back nor. Is there a guarantee regarding how long it


1339
01:08:55.600 --> 01:08:58.000
will be granted if it does get extended?


1340
01:08:58.700 --> 01:09:01.900
And in any event exclusion pay offers different beneficial


1341
01:09:01.900 --> 01:09:04.800
and needed protections for workers that supplemental


1342
01:09:04.800 --> 01:09:06.000
sick pay does not.


1343
01:09:07.700 --> 01:09:10.500
The Public Health Data is clear. It's been clear


1344
01:09:10.500 --> 01:09:13.500
the burden of this pandemic has fallen and will


1345
01:09:13.500 --> 01:09:16.600
continue to fall most heavily on California's essential


1346
01:09:16.600 --> 01:09:16.900
workers.


1347
01:09:17.600 --> 01:09:20.100
And the removal of exclusion pay will only worse than


1348
01:09:20.100 --> 01:09:23.200
this harsh reality. No matter how many protections we


1349
01:09:23.200 --> 01:09:23.600
lift.


1350
01:09:24.200 --> 01:09:27.500
Whether we call it endemic and say that the worst


1351
01:09:27.500 --> 01:09:30.800
is over the covid-19 virus pandemic


1352
01:09:30.800 --> 01:09:34.400
that killed 95,549 Californians


1353
01:09:33.400 --> 01:09:36.600
in counting is not


1354
01:09:36.600 --> 01:09:39.500
over vaccines have not proven to


1355
01:09:39.500 --> 01:09:41.400
be the Panacea. We once thought they would be


1356
01:09:42.200 --> 01:09:45.600
We have these new variants. They keep arising against which


1357
01:09:45.600 --> 01:09:48.100
we have little protection and covid has


1358
01:09:48.100 --> 01:09:50.300
not become like the common flu.


1359
01:09:51.700 --> 01:09:54.200
Public Health officials are continuously warning against


1360
01:09:54.200 --> 01:09:55.900
people becoming complacent.


1361
01:09:56.900 --> 01:10:00.200
And treating Covid as a thing of the past and despite


1362
01:09:59.200 --> 01:10:02.600
this warning respectfully the board


1363
01:10:02.600 --> 01:10:05.800
in Cal–OSHA just that becoming complacent.


1364
01:10:06.500 --> 01:10:09.500
And allowing California's most critical worker protections to expire


1365
01:10:09.500 --> 01:10:10.700
exclusion pay.


1366
01:10:11.500 --> 01:10:14.300
Instead of looking for an endpoint to the pandemic though. I


1367
01:10:14.300 --> 01:10:17.200
know we all wish we could instead of looking for an endpoint


1368
01:10:17.200 --> 01:10:20.400
to this pandemic California workplaces have to come to grips with


1369
01:10:20.400 --> 01:10:23.700
the fact that there is no post-covision world as such


1370
01:10:23.700 --> 01:10:25.900
we have to strengthen our defenses in the long term.


1371
01:10:26.700 --> 01:10:30.300
And with that on behalf of California workers worksafe


1372
01:10:29.300 --> 01:10:32.200
respectfully or just the board to


1373
01:10:32.200 --> 01:10:35.700
include exclusion pay that California workers have come to know and


1374
01:10:35.700 --> 01:10:38.400
expect and deserve during the last two years of this


1375
01:10:38.400 --> 01:10:38.900
covid pandemic.


1376
01:10:39.600 --> 01:10:42.200
We've already drawn the attention of the board to the fact


1377
01:10:42.200 --> 01:10:45.800
that population who've already been disproportionately devastated


1378
01:10:45.800 --> 01:10:48.500
have once again the most to lose


1379
01:10:48.500 --> 01:10:51.700
as a result of the decisions made in this. Well, not this


1380
01:10:51.700 --> 01:10:54.100
but this room and other places


1381
01:10:54.100 --> 01:10:54.800
of power.


1382
01:10:55.600 --> 01:10:58.200
Reflect on this responsibility we urge you


1383
01:10:58.200 --> 01:11:00.000
with the appropriate seriousness.


1384
01:11:00.600 --> 01:11:03.100
Don't make this decision based off the trends in the


1385
01:11:03.100 --> 01:11:06.200
general population, which will prefer to pretend that the pandemic


1386
01:11:06.200 --> 01:11:09.500
is over and no longer a threat but based on the understanding that


1387
01:11:09.500 --> 01:11:12.400
the removal of exclusion pay well without


1388
01:11:12.400 --> 01:11:15.100
a shadow of a doubt directly and severely impact the lives of


1389
01:11:15.100 --> 01:11:17.600
the people who are already struggling day to day.


1390
01:11:20.600 --> 01:11:23.400
People who cannot afford to stay home. Otherwise,


1391
01:11:23.400 --> 01:11:26.500
we'll come to work and try to hide their symptoms putting


1392
01:11:26.500 --> 01:11:28.000
still more people at risk.


1393
01:11:29.100 --> 01:11:29.500
however


1394
01:11:30.800 --> 01:11:33.800
What worksafe thing is colleagues are clearly strong proponents


1395
01:11:33.800 --> 01:11:36.400
of the non-emergency standard maintaining the status quo


1396
01:11:36.400 --> 01:11:40.200
rules around exclusion pay we do understand that. Unfortunately,


1397
01:11:39.200 --> 01:11:42.700
we may lose this argument. And in


1398
01:11:42.700 --> 01:11:45.600
that event. We'd like to stress maintaining the emergency standard


1399
01:11:45.600 --> 01:11:48.300
even without exclusion pay should it


1400
01:11:48.300 --> 01:11:51.200
come to that because it's the the standard in and of itself


1401
01:11:51.200 --> 01:11:54.900
that would would still be a benefit to California workers and


1402
01:11:54.900 --> 01:11:57.400
it's something that we support if need be so.


1403
01:11:58.500 --> 01:12:01.200
We've already lost so many to this pandemic. Thank you for joining


1404
01:12:01.200 --> 01:12:04.200
your part to ensure that further loss and suffering is


1405
01:12:04.200 --> 01:12:06.500
minimized to the best of our capabilities. Gracias.


1406
01:12:07.400 --> 01:12:07.800
Thank you.


1407
01:12:09.400 --> 01:12:10.900
We have another caller mine.


1408
01:12:12.800 --> 01:12:15.100
Yes, we do. It's Tina self with Bayer.


1409
01:12:16.700 --> 01:12:17.800
Can you hear us?


1410
01:12:19.300 --> 01:12:21.200
I can can you hear me? Yeah, go right ahead.


1411
01:12:22.400 --> 01:12:25.600
Thank you. Thank you Chair Thomas and board members. My name


1412
01:12:25.600 --> 01:12:28.900
is Tina Self and I am the head of manufacturing operations


1413
01:12:28.900 --> 01:12:31.600
for Bears this in


1414
01:12:31.600 --> 01:12:31.800
Berkeley.


1415
01:12:32.500 --> 01:12:35.600
The who has now stated that the pandemic


1416
01:12:35.600 --> 01:12:38.000
Finish Line is in sight and perhaps this is


1417
01:12:38.100 --> 01:12:41.300
to allow the ETFs to Sunset and return to


1418
01:12:41.300 --> 01:12:44.500
standard rules that protect against aerosol transmissions and


1419
01:12:44.500 --> 01:12:47.300
workplace injuries, which aligns also to the states


1420
01:12:47.300 --> 01:12:50.100
shift to pre-pandemic life for California and general.


1421
01:12:50.800 --> 01:12:53.200
If the board decides to continue forward with the regular


1422
01:12:53.200 --> 01:12:56.000
rule, we would like to bring some concerns to your attention.


1423
01:12:57.300 --> 01:13:00.200
As the largest biotech employer in the East Bay, we continue to


1424
01:13:00.200 --> 01:13:03.800
manufacture critical medicines throughout the pandemic. The


1425
01:13:03.800 --> 01:13:06.400
appendix has evolved in the situation is much different


1426
01:13:06.400 --> 01:13:09.300
than when the ETS was first rolled out. We have


1427
01:13:09.300 --> 01:13:12.300
a high rate of vaccination in our communities and our site


1428
01:13:12.300 --> 01:13:15.600
and at our site our employee vaccination rate as well over 90


1429
01:13:15.600 --> 01:13:18.200
percent. Our communities have reopened to


1430
01:13:18.200 --> 01:13:21.300
regular activities, but businesses like ours have been unable to


1431
01:13:21.300 --> 01:13:24.200
do so because of the challenges presented by the ETS


1432
01:13:24.200 --> 01:13:28.200
standard today and potentially for the next two years the


1433
01:13:27.200 --> 01:13:30.700
Cal OSHA standards now and proposed are


1434
01:13:30.700 --> 01:13:33.200
farstricted than those recommended recommended nationally by


1435
01:13:33.200 --> 01:13:37.000
the CDC both in explicit turns for example, quarantine and


1436
01:13:36.500 --> 01:13:39.400
isolation requirements for covid cases and


1437
01:13:39.400 --> 01:13:42.500
in effect, this is particularly driven by


1438
01:13:42.500 --> 01:13:45.400
covid-19 outbreak definitions, which both in the ETS


1439
01:13:45.400 --> 01:13:48.500
and the proposed regular rule create extraordinary


1440
01:13:48.500 --> 01:13:51.900
case management obligations that are not necessarily refl ective


1441
01:13:51.900 --> 01:13:54.900
of actual workplace health risk these include


1442
01:13:54.900 --> 01:13:56.600
extensive testing requirements and the


1443
01:13:57.200 --> 01:14:00.900
Essential to exclude production workers engaged in the manufacturer


1444
01:14:00.900 --> 01:14:03.900
of critical life enhancing and sustaining medicines.


1445
01:14:03.900 --> 01:14:06.600
We ask that the Standards Board revised the


1446
01:14:06.600 --> 01:14:09.600
language to align the outbreak Concept in the proposed rule


1447
01:14:09.600 --> 01:14:12.600
what the work-relatedness standard codified and


1448
01:14:12.600 --> 01:14:15.300
the existing aerosol transmission disease standard


1449
01:14:15.300 --> 01:14:18.900
eight CCR, 5199 and employer


1450
01:14:18.900 --> 01:14:22.200
records are occupational injury or illness hccr


1451
01:14:21.200 --> 01:14:25.600
14300 through 1400 1400


1452
01:14:24.600 --> 01:14:27.700
standards this work related.


1453
01:14:27.700 --> 01:14:30.300
This work relatedness standard is the


1454
01:14:30.300 --> 01:14:33.400
key to managing workplace health and safety risk as Cal


1455
01:14:33.400 --> 01:14:36.700
OSHA has long recognized in its existing regulatory scheme.


1456
01:14:36.700 --> 01:14:39.600
Specifically. We are requesting that the Standards


1457
01:14:39.600 --> 01:14:44.100
Board revised description of outbreaks in 3205.1 to


1458
01:14:43.100 --> 01:14:46.800
ensure that the cases counted towards a minor or


1459
01:14:46.800 --> 01:14:49.600
major outbreak are only those that arise out


1460
01:14:49.600 --> 01:14:53.100
of or are related to work. These


1461
01:14:52.100 --> 01:14:55.200
proposed revisions have been submitted in


1462
01:14:55.200 --> 01:14:56.600
writing and thank you.


1463
01:14:56.900 --> 01:14:58.000
advance for your consideration


1464
01:14:59.300 --> 01:14:59.300
Thank you.


1465
01:15:01.800 --> 01:15:04.300
Yeah, I would just like to thank Michelle's per


1466
01:15:04.300 --> 01:15:07.300
comments, but also remind our our presenters and our


1467
01:15:07.300 --> 01:15:10.400
speakers that the transcriptions that are being prepared


1468
01:15:10.400 --> 01:15:13.500
required that we ask that you speak a little bit slowly


1469
01:15:13.500 --> 01:15:16.300
and these transcripts are not only


1470
01:15:16.300 --> 01:15:19.300
provided to our board members and provided as a public record, but


1471
01:15:19.300 --> 01:15:22.400
are also provided to the division and to the engineers who


1472
01:15:22.400 --> 01:15:25.400
are working on the regulatory text. So, thank


1473
01:15:25.400 --> 01:15:25.500
you.


1474
01:15:29.500 --> 01:15:30.700
um, do we have


1475
01:15:31.800 --> 01:15:33.800
Do we have anybody else in the room that wants to speak?


1476
01:15:41.600 --> 01:15:45.100
Before you start there. I just want to buy as


1477
01:15:44.100 --> 01:15:47.700
Mr. Killip and Mr. Berg that we'll ask


1478
01:15:47.700 --> 01:15:50.700
you to brief Us in due


1479
01:15:50.700 --> 01:15:53.000
time. I'm just we're trying to combine those little


1480
01:15:54.200 --> 01:15:55.200
ahead. Gracias.


1481
01:16:00.200 --> 01:16:03.400
Okay. Well, good morning. It's still morning. Sí.


1482
01:16:03.400 --> 01:16:06.700
It is. Still morning. Good morning board members board staff


1483
01:16:06.700 --> 01:16:09.200
and agency staff. I'm Brian little and


1484
01:16:09.200 --> 01:16:12.400
I represent 30,000 members of the California Farm Bureau. I


1485
01:16:12.400 --> 01:16:15.800
want to thank you for the opportunity to offer comments this morning on the proposed permanent


1486
01:16:15.800 --> 01:16:18.500
covid-19 standard. I also would like


1487
01:16:18.500 --> 01:16:21.500
to know quickly Christina and I were talking before this meeting started.


1488
01:16:21.500 --> 01:16:24.500
I spent two and a half years serving at


1489
01:16:24.500 --> 01:16:27.600
Federal ocean in between 2004 and


1490
01:16:27.600 --> 01:16:30.500
2000 middle of 2008 or so, and I


1491
01:16:30.500 --> 01:16:33.200
think that maybe more than the average person you're gonna run into in the


1492
01:16:33.200 --> 01:16:36.200
street or your neighbors or your family members. I think I have an understanding


1493
01:16:36.200 --> 01:16:39.100
of what you guys have been doing over the last two and a


1494
01:16:39.100 --> 01:16:42.200
half three years trying to cope with this because I worked in


1495
01:16:42.200 --> 01:16:45.400
an agency very similar to yours. I understand the level of effort


1496
01:16:45.400 --> 01:16:48.300
and angst and frustration that you all have probably


1497
01:16:48.300 --> 01:16:51.000
tolerated over the last several years and I want to


1498
01:16:51.100 --> 01:16:54.400
thank you for everything that you've been doing because I know that it's hard because I've been


1499
01:16:54.400 --> 01:16:57.200
in a I've been at least somewhat in your shoes and I


1500
01:16:57.200 --> 01:16:59.100
understand how that all works. Pienso.


1501
01:17:00.100 --> 01:17:03.300
Let me start by urging the board to refrain from imposing a


1502
01:17:03.300 --> 01:17:06.700
permanent non-emergency version of the covid-19. Standard Governor


1503
01:17:06.700 --> 01:17:09.300
Newsom recognized a situation has changed radically in


1504
01:17:09.300 --> 01:17:12.100
the last year when he transitioned, California. I'm sorry. I'm


1505
01:17:12.100 --> 01:17:12.700
going to fast.


1506
01:17:13.700 --> 01:17:17.300
When he transitioned to California to dealing with covid-19 as


1507
01:17:16.300 --> 01:17:19.500
an endemic disease with his safer


1508
01:17:19.500 --> 01:17:20.000
plan.


1509
01:17:20.900 --> 01:17:23.600
When the agency and the Standards Board first enacted


1510
01:17:23.600 --> 01:17:26.300
emergency covid-19 standards. We did not


1511
01:17:26.300 --> 01:17:29.300
have vaccines boosters and effective medical


1512
01:17:29.300 --> 01:17:32.100
treatment for covid-19 all of which we have


1513
01:17:32.100 --> 01:17:34.100
today. Is that a good pace?


1514
01:17:35.700 --> 01:17:38.600
Great as a result in spite


1515
01:17:38.600 --> 01:17:41.500
of the fact that currently circulating covid variant.


1516
01:17:41.500 --> 01:17:44.900
The currently circulated coving variant is very contagious. It


1517
01:17:44.900 --> 01:17:47.500
appears to be much less virulent than its predecessors


1518
01:17:47.500 --> 01:17:50.300
because of this covid-19 is now


1519
01:17:50.300 --> 01:17:53.600
a predominantly socially spread disease which explains


1520
01:17:53.600 --> 01:17:56.000
why we see infection spikes around holidays.


1521
01:17:57.400 --> 01:18:00.700
Employers should not be expected to continue to undertake


1522
01:18:00.700 --> 01:18:03.400
Extraordinary Measures to protect employees against the highly


1523
01:18:03.400 --> 01:18:06.400
contagious disease that they are as likely or more


1524
01:18:06.400 --> 01:18:09.500
likely to be exposed to outside the workplace as at


1525
01:18:09.500 --> 01:18:12.300
the workplace. This is particularly true. Now that


1526
01:18:12.300 --> 01:18:15.400
most if not nearly all precautions against covid have


1527
01:18:15.400 --> 01:18:18.300
been dropped in most public non-work place settings.


1528
01:18:18.300 --> 01:18:21.500
The only place I visited in months where the


1529
01:18:21.500 --> 01:18:24.000
use of a face mask was mandatory was a medical office.


1530
01:18:24.600 --> 01:18:27.400
And the contrast between that experience and normal


1531
01:18:27.400 --> 01:18:29.300
everyday life was truly striking.


1532
01:18:30.300 --> 01:18:33.500
I urge you to move away from the model. We've worked with under


1533
01:18:33.500 --> 01:18:36.300
for the last two and a half years. The simple reason


1534
01:18:36.300 --> 01:18:39.600
for this is at times have changed and we've all learned from experience


1535
01:18:39.600 --> 01:18:42.600
that even emergency regulations with fairly


1536
01:18:42.600 --> 01:18:45.500
short expiration periods. Cannot evolve


1537
01:18:45.500 --> 01:18:48.200
fast enough to keep up with rapidly changing science.


1538
01:18:48.900 --> 01:18:51.700
There are simply no way that a non-emergency regulation


1539
01:18:51.700 --> 01:18:54.700
with a two year Sunset can adapt and


1540
01:18:54.700 --> 01:18:57.400
change because the regulatory process is


1541
01:18:57.400 --> 01:19:00.800
simply too rigid and it's required timeframes to


1542
01:19:00.800 --> 01:19:04.200
permit the agency in the board to act with expediency.


1543
01:19:05.200 --> 01:19:08.700
This draft represents reflects some positive changes, like


1544
01:19:08.700 --> 01:19:12.000
limiting the rules duration to two years though. When


1545
01:19:11.200 --> 01:19:14.200
your duration be better still removing the


1546
01:19:14.200 --> 01:19:17.800
requirement for exclusion pay in light of the legislature's repeated


1547
01:19:17.800 --> 01:19:20.800
actions requiring employers to provide covid-19


1548
01:19:20.800 --> 01:19:23.700
supplemental paid, sick leave and adopting


1549
01:19:23.700 --> 01:19:26.500
a more performance-oriented injury and illness prevention


1550
01:19:26.500 --> 01:19:27.900
plan like approach.


1551
01:19:28.800 --> 01:19:32.200
If however you move ahead with the proposed non-emergency covid-19


1552
01:19:31.200 --> 01:19:34.400
rule, it has several problems


1553
01:19:34.400 --> 01:19:37.800
that you should attend to before you approve it that definition


1554
01:19:37.800 --> 01:19:40.900
of close contact abandoning the long standing and


1555
01:19:40.900 --> 01:19:43.600
readily understandable six foot component of


1556
01:19:43.600 --> 01:19:46.300
six 1524 will continue to


1557
01:19:46.300 --> 01:19:49.700
be problematic if employers have no room to allow reasonable


1558
01:19:49.700 --> 01:19:52.200
definition of work spaces in which


1559
01:19:52.200 --> 01:19:55.500
employees employers must identify the presence of employees


1560
01:19:55.500 --> 01:19:57.900
and potentially infectious contacts.


1561
01:19:58.600 --> 01:20:01.300
It appears from some recent comments by agency staff that


1562
01:20:01.300 --> 01:20:04.200
the lack of Florida ceiling walls would make a


1563
01:20:04.200 --> 01:20:07.400
large Packing Shed that early in the pandemic adopted Shields between


1564
01:20:07.400 --> 01:20:10.000
their workstations into a single workplace.


1565
01:20:11.100 --> 01:20:14.700
That means a single visit by a single infected person makes potentially


1566
01:20:14.700 --> 01:20:17.300
dozens of employees in that Packing Shed close


1567
01:20:17.300 --> 01:20:20.500
contacts in the absence of any reasonable limiting


1568
01:20:20.500 --> 01:20:23.900
principle. The close contact definition is unimplementable.


1569
01:20:27.600 --> 01:20:30.500
Because the current covid variant is so prone


1570
01:20:30.500 --> 01:20:33.200
to community spread unlucky employers will likely


1571
01:20:33.200 --> 01:20:37.000
find themselves constantly an outbreak status particularly after


1572
01:20:36.500 --> 01:20:39.300
periods in which employees spend long periods


1573
01:20:39.300 --> 01:20:42.400
in the community and away from the workplace like seasonal


1574
01:20:42.400 --> 01:20:43.900
breaks and agricultural production.


1575
01:20:45.200 --> 01:20:49.000
And they will bring covid infection to work with them from the community. So


1576
01:20:48.300 --> 01:20:51.200
it's the regulation fails to distinguish between


1577
01:20:51.200 --> 01:20:55.000
workplace Acquired and community acquired infection the


1578
01:20:54.500 --> 01:20:57.600
appearance of a single case in any given two-week


1579
01:20:57.600 --> 01:21:00.700
period will petuate outbreak status with its attendant


1580
01:21:00.700 --> 01:21:03.000
testing record-keeping and notice requirements.


1581
01:21:04.200 --> 01:21:07.700
The proposed regulation also requires ongoing contact tracing


1582
01:21:07.700 --> 01:21:08.300
that


1583
01:21:10.400 --> 01:21:14.100
I may not have written down the password correctly


1584
01:21:13.100 --> 01:21:16.300
because now I can't get into my excuse me. Can


1585
01:21:16.300 --> 01:21:18.000
you meet yourself because we can hear you.


1586
01:21:19.400 --> 01:21:23.700
Okay, whoever you are, and if 527, thank


1587
01:21:22.700 --> 01:21:25.400
you. And if I knew the password,


1588
01:21:25.400 --> 01:21:26.400
I'd be happy to share it with you.


1589
01:21:28.800 --> 01:21:31.200
The California Department of Public Health no longer


1590
01:21:31.200 --> 01:21:34.600
recommends contact tracing because of the highly contagious but


1591
01:21:34.600 --> 01:21:37.600
less virulent nature of the currently circulating variants


1592
01:21:37.600 --> 01:21:40.500
cdph recognizes that contact tracing


1593
01:21:40.500 --> 01:21:43.300
is an ineffective use of resources. Unfortunately, the


1594
01:21:43.300 --> 01:21:46.300
draft regulation does not recognize this I'd also


1595
01:21:46.300 --> 01:21:49.200
like to know that there's been a lot of concern expressed about


1596
01:21:49.200 --> 01:21:52.600
long covid and about other transmissibility issues


1597
01:21:52.600 --> 01:21:55.900
related to covid cdph CDC


1598
01:21:55.900 --> 01:21:58.300
and all the authorities and scientists. Tell us the most


1599
01:21:58.300 --> 01:22:01.800
effective way to protect ourselves against this is being vaccinated


1600
01:22:01.800 --> 01:22:02.700
and being boosted.


1601
01:22:03.500 --> 01:22:06.100
The way this regulation sets up in the way. It works in the


1602
01:22:06.100 --> 01:22:09.800
real world. It doesn't offer any encouragement for people to be vaccinated


1603
01:22:09.800 --> 01:22:12.600
and to be boosted because it treats everybody exactly


1604
01:22:12.600 --> 01:22:13.200
the same way.


1605
01:22:14.200 --> 01:22:17.400
We should be offering people incentives to be vaccinated in


1606
01:22:17.400 --> 01:22:20.900
order to be proactive and protect themselves against covid-19


1607
01:22:20.900 --> 01:22:23.500
against long covid and against all


1608
01:22:23.500 --> 01:22:26.200
the other problems that seem to stem from it. So I just


1609
01:22:26.200 --> 01:22:29.500
wanted to offer that last comment and I thank you for your opportunity to


1610
01:22:29.500 --> 01:22:32.000
comment on this matter. Muchísimas gracias. Gracias.


1611
01:22:32.400 --> 01:22:35.200
So I think what we're going to do is we're gonna hold


1612
01:22:35.200 --> 01:22:36.400
the calls at this time.


1613
01:23:12.300 --> 01:23:14.000
One second. We're having a


1614
01:23:33.500 --> 01:23:36.900
We're gonna finish up on


1615
01:23:36.900 --> 01:23:38.800
the comments and I don't know who's on the line.


1616
01:23:39.500 --> 01:23:39.600
but


1617
01:23:41.200 --> 01:23:42.600
you need to meet yourself.


1618
01:23:43.700 --> 01:23:45.300
So my who do we have next?


1619
01:23:48.800 --> 01:23:49.800
up next we have


1620
01:23:50.900 --> 01:23:54.100
Amber Bauer with UFCW Western


1621
01:23:53.100 --> 01:23:55.100
States Council


1622
01:23:56.200 --> 01:23:57.400
Amber can hear us.


1623
01:23:58.100 --> 01:24:01.500
I can good morning chair and standards board members.


1624
01:24:01.500 --> 01:24:04.900
My name is Amber Bauer. I'm the executive director of


1625
01:24:04.900 --> 01:24:07.700
UFCW Western States Council


1626
01:24:07.700 --> 01:24:11.000
on behalf of our 180,000 members.


1627
01:24:10.300 --> 01:24:13.700
I would strongly urge this board to adopt a


1628
01:24:13.700 --> 01:24:16.800
non-emergency covid-19 standard before


1629
01:24:16.800 --> 01:24:19.100
the current standards expire at the end of


1630
01:24:19.100 --> 01:24:23.400
the year and making the following changes include exclusion


1631
01:24:22.400 --> 01:24:26.800
pay back into the standard codifying


1632
01:24:25.800 --> 01:24:28.700
the worker and employee representative


1633
01:24:28.700 --> 01:24:32.200
covid-19 notifications as


1634
01:24:31.200 --> 01:24:36.100
required by ab685 AB


1635
01:24:35.100 --> 01:24:39.400
654 and potentially AB


1636
01:24:38.400 --> 01:24:41.800
2693, which


1637
01:24:41.800 --> 01:24:43.500
is currently on the governor's desk.


1638
01:24:44.400 --> 01:24:47.300
Require employers to take action related to


1639
01:24:47.300 --> 01:24:50.300
ventilation and aligning the


1640
01:24:50.300 --> 01:24:54.000
definition of outbreak with the cdph to


1641
01:24:53.400 --> 01:24:57.100
capture three or more people not employees.


1642
01:24:58.200 --> 01:25:01.300
As much as we all want covid-19 to be over


1643
01:25:01.300 --> 01:25:04.700
it is just simply not the case workers are


1644
01:25:04.700 --> 01:25:08.100
still experiencing significant workplace exposures,


1645
01:25:07.100 --> 01:25:10.200
especially workers who work in


1646
01:25:10.200 --> 01:25:13.900
crowded workplaces like meat packing and food processing


1647
01:25:13.900 --> 01:25:16.300
and workers who interact with the


1648
01:25:16.300 --> 01:25:19.400
public like grocery store workers and cannabis retail


1649
01:25:19.400 --> 01:25:19.900
workers.


1650
01:25:20.800 --> 01:25:24.100
The summer surge of covid-19 variant


1651
01:25:23.100 --> 01:25:26.700
was one of the worst worst place workplace


1652
01:25:26.700 --> 01:25:30.200
surges since the start of the pandemic at UFCW


1653
01:25:29.200 --> 01:25:32.200
workplaces and our members are


1654
01:25:32.200 --> 01:25:35.900
worried about the winter surge, especially as schools


1655
01:25:35.900 --> 01:25:38.300
reopen with the holiday surge of customers.


1656
01:25:39.300 --> 01:25:42.800
Further weakening of the covid-19 standard or


1657
01:25:42.800 --> 01:25:45.700
not re-adopting the standard will have


1658
01:25:45.700 --> 01:25:49.200
detrimental impacts across all workplaces and


1659
01:25:48.200 --> 01:25:51.400
will lead to higher infection rates and


1660
01:25:51.400 --> 01:25:54.200
potential deaths of Frontline essential workers.


1661
01:25:55.100 --> 01:25:58.900
Uscw has significant concerns with the proposed standard


1662
01:25:58.900 --> 01:26:01.500
eliminating exclusion pay but


1663
01:26:01.500 --> 01:26:05.300
requiring employers to exclude workers and economic


1664
01:26:04.300 --> 01:26:08.000
Roundtable report of Kroger's grocery


1665
01:26:07.300 --> 01:26:10.200
store workers highlighted how more than


1666
01:26:10.200 --> 01:26:13.400
two-thirds of workers say they do not earn enough money


1667
01:26:13.400 --> 01:26:16.300
to pay for basic expenses every month


1668
01:26:16.300 --> 01:26:19.900
among those workers. 44% say


1669
01:26:19.900 --> 01:26:23.800
they are unable to pay for rent 39% say


1670
01:26:23.800 --> 01:26:27.300
they are unable to pay for groceries and 14%


1671
01:26:26.300 --> 01:26:29.600
say they are homeless now or have


1672
01:26:29.600 --> 01:26:31.000
been homeless in the past year.


1673
01:26:31.900 --> 01:26:34.700
Grocery store workers cannot afford to


1674
01:26:34.700 --> 01:26:37.900
take unpaid leave to recover from covid-19.


1675
01:26:37.900 --> 01:26:40.100
It will mean the difference between


1676
01:26:40.100 --> 01:26:44.000
workers being housed and homeless further worsening


1677
01:26:43.300 --> 01:26:46.800
food insecurity by forgoing meals


1678
01:26:46.800 --> 01:26:49.400
for themselves and their families and keeping the


1679
01:26:49.400 --> 01:26:52.600
electricity on which can be a death sentence in


1680
01:26:52.600 --> 01:26:56.400
a heat wave or cold wave in the winter because


1681
01:26:55.400 --> 01:26:58.800
these economic situations workers are


1682
01:26:58.800 --> 01:27:01.400
returning to work why symptomatic trying to hide


1683
01:27:01.400 --> 01:27:04.900
their night covid-19 symptoms or release or


1684
01:27:04.900 --> 01:27:07.200
receiving last and final warnings from their


1685
01:27:07.200 --> 01:27:09.300
employers for coming to work sick.


1686
01:27:10.200 --> 01:27:13.300
It is for these reasons and more. We strongly urge the


1687
01:27:13.300 --> 01:27:16.700
board to include any exclusion pay into the non-emergency


1688
01:27:16.700 --> 01:27:18.200
standard. Gracias.


1689
01:27:19.300 --> 01:27:19.600
Thank you.


1690
01:27:20.900 --> 01:27:22.100
Who do we have next my


1691
01:27:26.400 --> 01:27:30.200
Up. Next is Pamela mercile with California Industrial hygiene


1692
01:27:29.200 --> 01:27:30.500
Council.


1693
01:27:31.700 --> 01:27:32.700
I'm looking hear us.


1694
01:27:34.800 --> 01:27:37.600
And likewise on your end. Yes go


1695
01:27:37.600 --> 01:27:38.000
right ahead.


1696
01:27:39.500 --> 01:27:42.700
Thank you. Thank you Thomas and


1697
01:27:42.700 --> 01:27:46.300
standards board members all staff


1698
01:27:45.300 --> 01:27:48.300
of the division and the Standards


1699
01:27:48.300 --> 01:27:51.500
Board very much. Appreciate your time to address


1700
01:27:51.500 --> 01:27:51.700
your


1701
01:27:53.300 --> 01:27:54.300
Your group today.


1702
01:27:56.800 --> 01:27:59.100
I'm Pamela Marcel. I'm the current president of the


1703
01:27:59.100 --> 01:28:02.500
California Industrial hygiene Council and we definitely


1704
01:28:02.500 --> 01:28:05.600
appreciate the opportunity to comment on the


1705
01:28:05.600 --> 01:28:09.100
proposed language for non-emergency covid-19 prevention


1706
01:28:08.100 --> 01:28:11.800
regulations. We appreciate


1707
01:28:11.800 --> 01:28:14.500
the challenges as everyone who has


1708
01:28:14.500 --> 01:28:17.400
created in this process does


1709
01:28:17.400 --> 01:28:20.400
appreciate the challenges that this is presented for


1710
01:28:20.400 --> 01:28:24.400
for all of you. We have


1711
01:28:24.400 --> 01:28:27.200
I have actually just a couple of General comments and then


1712
01:28:27.200 --> 01:28:30.700
to specific issues one is the


1713
01:28:30.700 --> 01:28:34.300
first the general comments the CHC does appreciate the


1714
01:28:33.300 --> 01:28:36.600
proposed approach to address code 19


1715
01:28:36.600 --> 01:28:40.100
is over through the employers injury and


1716
01:28:40.100 --> 01:28:44.500
illness prevention program. This is actually something that the CHC


1717
01:28:43.500 --> 01:28:46.900
had proposed quite some


1718
01:28:46.900 --> 01:28:47.400
time ago.


1719
01:28:48.100 --> 01:28:52.600
So we are appreciative of


1720
01:28:52.600 --> 01:28:55.400
that consideration. We also support the


1721
01:28:55.400 --> 01:28:58.500
sunset Clause specifically named stated


1722
01:28:58.500 --> 01:29:01.500
at two years of from the effective date


1723
01:29:01.500 --> 01:29:04.400
of the regulation and that would be assuming that


1724
01:29:04.400 --> 01:29:07.500
the non-emergency prevention regulation is


1725
01:29:07.500 --> 01:29:10.300
adopted to go into effect January 1st.


1726
01:29:12.500 --> 01:29:16.000
Two specific issues one is


1727
01:29:15.900 --> 01:29:18.000
you've heard about quite a bit


1728
01:29:18.400 --> 01:29:20.000
already. That's the close contact definition.


1729
01:29:21.200 --> 01:29:25.400
That's in section 3205b1 and


1730
01:29:24.400 --> 01:29:27.500
some folks have said that


1731
01:29:27.500 --> 01:29:30.400
it talks about airspace. It actually doesn't it talks


1732
01:29:30.400 --> 01:29:31.500
about indoor space.


1733
01:29:32.900 --> 01:29:37.600
I'm and the definition currently is


1734
01:29:35.600 --> 01:29:38.500
what we


1735
01:29:38.500 --> 01:29:41.400
consider to be qualitative and not quantitative.


1736
01:29:42.300 --> 01:29:46.100
And without being quantifiable not having


1737
01:29:45.100 --> 01:29:49.400
quantifiable criteria to


1738
01:29:48.400 --> 01:29:51.700
find the quote unquote shared


1739
01:29:51.700 --> 01:29:52.900
indoor space.


1740
01:29:53.800 --> 01:29:57.400
Close contact is not enforceable as


1741
01:29:56.400 --> 01:30:00.400
written sharing indoor spaces overly broad


1742
01:29:59.400 --> 01:30:02.700
could have unintended consequences


1743
01:30:02.700 --> 01:30:05.000
by capturing close contacts.


1744
01:30:05.700 --> 01:30:08.700
Who in fact were not exposed to a covid-19


1745
01:30:08.700 --> 01:30:10.400
infection state?


1746
01:30:11.200 --> 01:30:14.400
Because before you disease


1747
01:30:14.400 --> 01:30:17.000
some chair and Endor space is


1748
01:30:17.200 --> 01:30:20.600
not the issue. The issue is sharing airspace and


1749
01:30:20.600 --> 01:30:23.300
close enough proximity and for a


1750
01:30:23.300 --> 01:30:26.800
long enough period of time to a person and


1751
01:30:26.800 --> 01:30:29.600
active infection that someone


1752
01:30:29.600 --> 01:30:31.500
has been exposed to the virus.


1753
01:30:32.500 --> 01:30:36.500
so with that comment, we highly recommend evaluating the


1754
01:30:36.500 --> 01:30:39.400
definition of close contact in regard


1755
01:30:39.400 --> 01:30:39.500
to


1756
01:30:40.700 --> 01:30:43.200
section 3205 C1


1757
01:30:44.200 --> 01:30:48.600
This is kind of the introductory paragraph. If


1758
01:30:48.600 --> 01:30:51.200
you would to the t as in


1759
01:30:51.200 --> 01:30:54.600
cat section and it states an employee is potentially


1760
01:30:54.600 --> 01:30:57.400
exposed to covid-19 hazards when


1761
01:30:57.400 --> 01:31:01.500
other persons whether or not employees performing


1762
01:31:01.500 --> 01:31:02.800
an assigned work task.


1763
01:31:03.900 --> 01:31:06.800
And I'm going to emphasize the employer shall


1764
01:31:06.800 --> 01:31:09.800
treat all persons as potentially in


1765
01:31:09.800 --> 01:31:09.800
fact.


1766
01:31:10.800 --> 01:31:14.300
regardless of symptoms vaccinating status


1767
01:31:14.300 --> 01:31:17.500
or negative covid-19 test results


1768
01:31:18.900 --> 01:31:21.400
not to become 19 shall


1769
01:31:21.400 --> 01:31:24.800
be considered a hazard specific to an employee's job assignments


1770
01:31:24.800 --> 01:31:26.400
and abuse.


1771
01:31:26.900 --> 01:31:31.700
If those assignment in order persons.


1772
01:31:32.900 --> 01:31:35.700
Are concern is that these statements imply


1773
01:31:35.700 --> 01:31:38.500
all persons are potentially infectious at all


1774
01:31:38.500 --> 01:31:38.900
times.


1775
01:31:39.900 --> 01:31:42.500
Meaning that even if someone does not have symptoms


1776
01:31:42.500 --> 01:31:46.000
has been fully vaccinated it


1777
01:31:45.500 --> 01:31:48.800
or has negative covid-19 test results.


1778
01:31:48.800 --> 01:31:50.700
They are still infectious.


1779
01:31:51.500 --> 01:31:54.100
Applying the potential infectious statement to


1780
01:31:54.100 --> 01:31:57.300
what the employer required to do relevant to


1781
01:31:57.300 --> 01:32:00.800
close contact with the covid-19 case the


1782
01:32:00.800 --> 01:32:03.400
employer would essentially have to have all or


1783
01:32:03.400 --> 01:32:06.100
almost all employees quarantined.


1784
01:32:06.700 --> 01:32:09.500
The statement simplified there's no end to


1785
01:32:09.500 --> 01:32:12.800
infectious period despite the definition of infectious


1786
01:32:12.800 --> 01:32:16.400
period That's included in subsection. 3032-03 B


1787
01:32:17.800 --> 01:32:20.600
If the employer has to treat all persons


1788
01:32:20.600 --> 01:32:23.600
as infectious potentially infectious regardless


1789
01:32:23.600 --> 01:32:26.800
of symptoms vaccination status or negative


1790
01:32:26.800 --> 01:32:30.200
covid-19 test results and comply with


1791
01:32:29.200 --> 01:32:32.500
the covid-19 regulation requirements.


1792
01:32:33.300 --> 01:32:35.500
They would shoot their doors and everyone would go.


1793
01:32:36.800 --> 01:32:40.200
So we have concerned that this


1794
01:32:39.200 --> 01:32:42.500
is potentially going to have an intended


1795
01:32:42.500 --> 01:32:45.700
consequences because the employer requirement if


1796
01:32:45.700 --> 01:32:48.300
an employee has been


1797
01:32:48.300 --> 01:32:52.000
close contact with the covid-19 case is


1798
01:32:51.200 --> 01:32:54.600
that they have to be quarantined and


1799
01:32:54.600 --> 01:32:57.900
the course the covid-19 case has to be isolated. So


1800
01:32:57.900 --> 01:33:00.200
this Assumption of


1801
01:33:00.200 --> 01:33:03.200
potential infectious again, it's implying


1802
01:33:07.900 --> 01:33:10.700
I think we lost Japan can hear


1803
01:33:10.700 --> 01:33:10.800
us.


1804
01:33:12.400 --> 01:33:17.900
Or it is something that needs to be reevaluated Pam.


1805
01:33:17.900 --> 01:33:20.300
You might want to wrap up because you're starting to fade out.


1806
01:33:27.400 --> 01:33:29.200
Okay. Well then she faded.


1807
01:33:30.300 --> 01:33:33.000
So we'll go to we're gonna do one more


1808
01:33:33.600 --> 01:33:36.200
caller and then we're gonna have a break for about 10 or 15


1809
01:33:36.200 --> 01:33:37.300
minutes. So, who do we have my


1810
01:33:39.600 --> 01:33:42.500
Up. Next is Rebecca Ryan with olon college


1811
01:33:42.500 --> 01:33:43.500
and Foothill College.


1812
01:33:44.300 --> 01:33:45.100
the Rebecca


1813
01:33:46.200 --> 01:33:47.400
Rebecca are you with us?


1814
01:33:49.700 --> 01:33:52.100
Yeah, you might want to turn up your volume just to hear.


1815
01:33:53.500 --> 01:33:55.200
Okay. Is this better? There you go.


1816
01:33:56.400 --> 01:33:59.200
Hi, my name is Dr. Rebecca Ryan. I'm a public


1817
01:33:59.200 --> 01:34:03.000
health professor and a code consultant for institutions of higher


1818
01:34:02.200 --> 01:34:05.400
education, including a loaney college and Foothill College.


1819
01:34:05.400 --> 01:34:08.400
This comments are this comment relates specifically to


1820
01:34:08.400 --> 01:34:11.200
section I reporting and record keeping particularly related to


1821
01:34:11.200 --> 01:34:14.800
record keeping up close contacts. I began working with institutions


1822
01:34:14.800 --> 01:34:17.300
of higher. Can you slow down just a little bit please?


1823
01:34:17.300 --> 01:34:19.000
Thank you. Por supuesto.


1824
01:34:20.500 --> 01:34:23.500
Take a break again working institutions of higher education in


1825
01:34:23.500 --> 01:34:26.200
2020 related to contact tracing work


1826
01:34:26.200 --> 01:34:29.400
in partnership with Santa Clara County and also Alameda County


1827
01:34:29.400 --> 01:34:32.200
back then contact tracers were required to


1828
01:34:32.200 --> 01:34:35.100
conduct time-consuming individual interviews with


1829
01:34:35.100 --> 01:34:38.600
covid positive people to identify Coast contacts similar


1830
01:34:38.600 --> 01:34:42.100
to the proposed language in the section the requirement


1831
01:34:41.100 --> 01:34:44.700
to notify each individual close contact


1832
01:34:44.700 --> 01:34:47.300
in addition to acquiring their names


1833
01:34:47.300 --> 01:34:50.300
contact information Etc is


1834
01:34:50.300 --> 01:34:54.100
a step backwards in case investigation and contact tracing one


1835
01:34:53.100 --> 01:34:56.400
of the most important lessons we learned tha t


1836
01:34:56.400 --> 01:34:59.900
was identifying close contacts individually was like


1837
01:34:59.900 --> 01:35:03.100
I said extraordinarily time-consuming costly


1838
01:35:02.100 --> 01:35:05.900
for the employer because individual interviews


1839
01:35:05.900 --> 01:35:07.400
take enormous amount of time.


1840
01:35:08.300 --> 01:35:11.500
And overall ineffective in mitigating the


1841
01:35:11.500 --> 01:35:14.200
spread of covid-19. Let me see that again. It was


1842
01:35:14.200 --> 01:35:17.300
rarely effective in mitigating the spread of


1843
01:35:17.300 --> 01:35:18.000
covid-19.


1844
01:35:19.100 --> 01:35:22.200
So because individual contact tracing has


1845
01:35:22.200 --> 01:35:25.400
been proven to be ineffective. We know we know


1846
01:35:25.400 --> 01:35:28.300
this because much of the transmission is actually taking place outside


1847
01:35:28.300 --> 01:35:31.500
of the workplace as fellow commenters have said this is


1848
01:35:31.500 --> 01:35:34.700
especially true in surges. We're investigations that


1849
01:35:34.700 --> 01:35:37.600
required close contact interviews such as Omicron in


1850
01:35:37.600 --> 01:35:40.600
January meant that there were significant lag and


1851
01:35:40.600 --> 01:35:43.000
investigating and even contacting anyone at all.


1852
01:35:43.700 --> 01:35:46.200
further we know that people's memories are


1853
01:35:46.200 --> 01:35:49.200
faulty and that many covid positive people do not know the


1854
01:35:49.200 --> 01:35:52.300
names of people within their work environments, especially in large


1855
01:35:52.300 --> 01:35:55.100
organizations, even when they're for many days


1856
01:35:55.100 --> 01:35:57.600
prior, especially because there are many days prior that they had to think about


1857
01:35:58.800 --> 01:36:01.300
Again, expecting covid positive people,


1858
01:36:01.300 --> 01:36:04.700
especially those that are amidst a current infection and maybe


1859
01:36:04.700 --> 01:36:07.900
maybe experiencing symptoms that make concentrating and


1860
01:36:07.900 --> 01:36:10.400
recollecting difficult to recollect the


1861
01:36:10.400 --> 01:36:13.500
names of each person. They shared an airspace with is


1862
01:36:13.500 --> 01:36:16.200
again time-consuming costly in an


1863
01:36:16.200 --> 01:36:20.700
adequate. We supported and continue to support cdph's change


1864
01:36:20.700 --> 01:36:23.700
from Individual contact tracing to more of a group tracing effect,


1865
01:36:23.700 --> 01:36:26.600
which we were able to send email


1866
01:36:26.600 --> 01:36:29.400
notifications and notify people


1867
01:36:29.400 --> 01:36:31.800
broadly of infections that occurred in the workplace.


1868
01:36:34.300 --> 01:36:37.500
So we again recommend that maybe Cal OSHA adopts


1869
01:36:37.500 --> 01:36:39.100
this language instead of individual.


1870
01:36:40.100 --> 01:36:43.200
Contact tracing we recommend Cal OSHA provide group


1871
01:36:43.200 --> 01:36:47.000
language within the adoption of group tracing notifications


1872
01:36:46.700 --> 01:36:49.800
which again allow for that large blanket notification.


1873
01:36:49.800 --> 01:36:52.900
So all that are in the shared airspace can


1874
01:36:52.900 --> 01:36:55.400
be notified and provided testing opportunities.


1875
01:36:56.200 --> 01:36:59.500
This allows the opportunity to Notifications without missing


1876
01:36:59.500 --> 01:37:02.600
anyone that individual contact tracing would


1877
01:37:02.600 --> 01:37:02.900
definitely do.


1878
01:37:03.600 --> 01:37:06.700
We know that it's very expensive to employ contact tracers


1879
01:37:06.700 --> 01:37:10.100
contact Tracy conducting individual interviews


1880
01:37:09.100 --> 01:37:12.500
and therefore subsequent notifications of


1881
01:37:12.500 --> 01:37:15.300
individual people, which is what is in the note of or


1882
01:37:15.300 --> 01:37:18.200
in the current length language is very costly and covid


1883
01:37:18.200 --> 01:37:21.500
funds have significantly dried up especially for institutions of higher education.


1884
01:37:22.600 --> 01:37:26.000
Can you wrap up please Rebecca? Gracias.


1885
01:37:25.300 --> 01:37:28.100
We know that we highly encourage a group


1886
01:37:28.100 --> 01:37:31.600
notification of a percentage of the population rather than


1887
01:37:31.600 --> 01:37:32.700
individual. Muchas gracias.


1888
01:37:35.100 --> 01:37:35.400
Thank you.


1889
01:37:36.500 --> 01:37:38.300
so at this time, we're going to take a


1890
01:37:39.600 --> 01:37:42.900
15 minute break we'll reconvene. I'll make


1891
01:37:42.900 --> 01:37:45.800
it 20 we'll reconvene at noon. And so


1892
01:37:45.800 --> 01:37:47.100
we're in recess right now. Gracias.


1893
01:37:54.600 --> 01:37:57.300
Thank you. We are back in session


1894
01:37:57.300 --> 01:38:00.600
and we are going to continue with.


1895
01:38:02.500 --> 01:38:06.700
Phone calls and I just want to let our


1896
01:38:06.700 --> 01:38:09.800
colors know that we're gonna make sure


1897
01:38:09.800 --> 01:38:12.400
that we cut these comments to two minutes.


1898
01:38:14.500 --> 01:38:17.700
And my will tell you when you get on also to remind


1899
01:38:17.700 --> 01:38:20.900
you, it's getting redundant people are repeating.


1900
01:38:20.900 --> 01:38:23.900
So just hit the main points and and


1901
01:38:23.900 --> 01:38:26.800
do it in two minutes and then we'll


1902
01:38:26.800 --> 01:38:27.900
get through this we still have.


1903
01:38:29.600 --> 01:38:31.100
So my who do we have up next?


1904
01:38:32.200 --> 01:38:35.700
Up. Next is Lynn Welsh Association is


1905
01:38:35.700 --> 01:38:36.900
Western steel Council.


1906
01:38:37.600 --> 01:38:41.300
Then we've allotted two minutes for your comment. Are you


1907
01:38:41.300 --> 01:38:41.300
there?


1908
01:38:42.500 --> 01:38:44.500
I'm here. ¿Puedes escucharme? Bueno. Yeah, go ahead.


1909
01:38:46.100 --> 01:38:49.500
Well, let me Echo what a lot of other people have


1910
01:38:49.500 --> 01:38:52.200
said your very hard work on this


1911
01:38:52.200 --> 01:38:55.700
historic issue has been much appreciated. I have


1912
01:38:55.700 --> 01:38:58.200
to say I haven't agreed with much of what you've done, but I


1913
01:38:58.200 --> 01:39:00.800
certainly appreciate your effort and your good intentions.


1914
01:39:01.600 --> 01:39:04.200
And you know, my perspective comes one who


1915
01:39:04.200 --> 01:39:07.200
was with Cal-OSHA for you know decades and so I


1916
01:39:07.200 --> 01:39:08.800
have a little bit of a different perspective.


1917
01:39:09.900 --> 01:39:10.500
Then you do.


1918
01:39:12.100 --> 01:39:15.400
By the way, Len Welsh representing the Western steel


1919
01:39:15.400 --> 01:39:16.000
Council.


1920
01:39:17.400 --> 01:39:20.700
Um the California hotel and


1921
01:39:20.700 --> 01:39:23.800
Lodging Association Fresh Harvest and most of


1922
01:39:23.800 --> 01:39:24.400
all myself.


1923
01:39:25.700 --> 01:39:28.400
I also want to say that II think


1924
01:39:28.400 --> 01:39:31.400
Bruce Wick had some very important things to


1925
01:39:31.400 --> 01:39:32.900
say. I hope you listen carefully to him.


1926
01:39:33.600 --> 01:39:35.700
So also did Michael Miller and Brian little?


1927
01:39:37.600 --> 01:39:40.800
You know, we we really did not need a covid


1928
01:39:40.800 --> 01:39:44.100
standard. We don't need one anymore. We never did as


1929
01:39:43.100 --> 01:39:47.300
Bruce pointed out 30203 was


1930
01:39:47.300 --> 01:39:51.000
working just fine. And in the beginning when she


1931
01:39:50.200 --> 01:39:53.800
was in compliance assistance mode. That's when


1932
01:39:53.800 --> 01:39:55.700
we got the most effective work done.


1933
01:39:56.700 --> 01:39:59.100
The problem with this entire Paradigm is the


1934
01:39:59.100 --> 01:40:03.100
assumption that all employers are the same. They're all


1935
01:40:02.100 --> 01:40:05.300
potential law Breakers. They they all


1936
01:40:05.300 --> 01:40:08.400
need to be swept in the trolling net of Regulation and it's


1937
01:40:08.400 --> 01:40:11.400
simply is not the case. This approach has made


1938
01:40:11.400 --> 01:40:14.500
enemies out of a lot of businesses who should be your allies.


1939
01:40:15.300 --> 01:40:18.600
We have we've sort of lost the way in


1940
01:40:18.600 --> 01:40:21.100
trying to Target the underground economy and the real bad


1941
01:40:21.100 --> 01:40:24.600
actors by wasting our time going after mostly complying


1942
01:40:24.600 --> 01:40:26.400
employers who are good corporate citizens.


1943
01:40:27.200 --> 01:40:30.200
all they want to do is find the most effective way to


1944
01:40:30.200 --> 01:40:33.600
deal with workplace hazards because when they don't they lose business and


1945
01:40:33.600 --> 01:40:35.200
they their profits fail


1946
01:40:35.900 --> 01:40:38.400
They have probably more incentive than


1947
01:40:38.400 --> 01:40:41.100
any of the Regulatory Agencies do to deal with


1948
01:40:41.100 --> 01:40:43.700
this problem effectively because it's their livelihood.


1949
01:40:45.400 --> 01:40:48.000
And you know, you're right upon two minutes Lynn if you


1950
01:40:48.100 --> 01:40:49.600
could wrap up, please. Gracias.


1951
01:40:51.200 --> 01:40:54.300
Well, I think I said it we don't need a standard


1952
01:40:54.300 --> 01:40:57.400
you folks really should be thinking about


1953
01:40:57.400 --> 01:41:00.800
how the standard meshes with enforcement and


1954
01:41:00.800 --> 01:41:02.600
how very scarce.


1955
01:41:03.100 --> 01:41:06.300
Enforcement and and rulemaking resources can be


1956
01:41:06.300 --> 01:41:09.300
directed to where they're most needed covid is not what's needed right


1957
01:41:09.300 --> 01:41:12.400
now 3203 and Department of Health advisories are


1958
01:41:12.400 --> 01:41:15.500
all we need. They are all we have ever needed. Gracias.


1959
01:41:15.500 --> 01:41:18.700
Thank you. Who do we have up? Next


1960
01:41:18.700 --> 01:41:21.300
Maya up next is Denise Snyder with


1961
01:41:21.300 --> 01:41:22.900
LA County Business Federation.


1962
01:41:23.900 --> 01:41:25.100
Denise can you hear us?


1963
01:41:29.100 --> 01:41:29.400
you


1964
01:41:31.300 --> 01:41:32.500
Denise can you hear us?


1965
01:41:34.900 --> 01:41:37.200
Yes, can you hear me? Yeah, go right ahead, please.


1966
01:41:38.500 --> 01:41:42.100
Okay. Well, first of all, I'd really appreciate the board's


1967
01:41:41.100 --> 01:41:44.400
work on this very difficult issue. I know


1968
01:41:44.400 --> 01:41:47.700
that this has been not to


1969
01:41:47.700 --> 01:41:51.800
use an overused phrase but unprecedented and LA


1970
01:41:50.800 --> 01:41:54.500
County bizfed represents over 220


1971
01:41:53.500 --> 01:41:57.300
organizations that represent over 400,000


1972
01:41:56.300 --> 01:41:59.500
employers that's over 5 million employees


1973
01:41:59.500 --> 01:42:02.600
in the greater LA County area. We've been engaged on


1974
01:42:02.600 --> 01:42:05.500
this topic with you prior to this hearing obviously,


1975
01:42:05.500 --> 01:42:08.200
we've been giving ongoing comments. So I'd just


1976
01:42:08.200 --> 01:42:11.600
like to Echo some of the statements that were previously made that reflect


1977
01:42:11.600 --> 01:42:14.700
our memberships concern. So we are grateful


1978
01:42:14.700 --> 01:42:18.100
for many of the adjustments


1979
01:42:17.100 --> 01:42:20.500
that are being made primarily. One of our ongoing


1980
01:42:20.500 --> 01:42:23.300
key issues is that there


1981
01:42:23.300 --> 01:42:26.500
are different regulations and


1982
01:42:26.500 --> 01:42:30.000
standards between CDC cdph Cal


1983
01:42:29.400 --> 01:42:32.700
OSHA and other regulating bodies. So we really appreciate the


1984
01:42:32.700 --> 01:42:35.900
alignment. However, and we have concerns


1985
01:42:35.900 --> 01:42:38.300
as other members have already stated.


1986
01:42:38.500 --> 01:42:42.300
With the two-year Sunset period that is at seemingly


1987
01:42:41.300 --> 01:42:44.200
arbitrary. We hope that


1988
01:42:44.200 --> 01:42:48.200
some of the adjustments being considered are data-driven


1989
01:42:47.200 --> 01:42:50.300
and fact-driven and we hope that


1990
01:42:50.300 --> 01:42:53.300
there is period for reconsideration during that two year


1991
01:42:53.300 --> 01:42:56.500
Sunset period in addition and we appreciate the


1992
01:42:56.500 --> 01:43:00.500
removal of exclusionary pay and we'd


1993
01:42:59.500 --> 01:43:03.700
like to Echo previous statements on there


1994
01:43:02.700 --> 01:43:07.400
being new tools new medication


1995
01:43:05.400 --> 01:43:08.700
and Treatment available


1996
01:43:08.700 --> 01:43:12.500
for covid while there are still different waves


1997
01:43:11.500 --> 01:43:14.500
of covid and obviously people are


1998
01:43:14.500 --> 01:43:17.900
concerned about the winter. We have lower infection


1999
01:43:17.900 --> 01:43:20.400
rate better hospitalization rate different tools


2000
01:43:20.400 --> 01:43:23.500
and people are aware of how covid is


2001
01:43:23.500 --> 01:43:27.900
spreading as was previously stated. The workplace is no longer the most


2002
01:43:26.900 --> 01:43:29.500
major contributor of infection


2003
01:43:29.500 --> 01:43:32.200
rates. It is socializing and so we


2004
01:43:32.200 --> 01:43:36.000
don't feel that the burden of management the


2005
01:43:36.900 --> 01:43:39.800
Pandemic should fall primarily


2006
01:43:39.800 --> 01:43:42.700
on employers. So we appreciate


2007
01:43:42.700 --> 01:43:45.500
your consideration. I hope that the comments being


2008
01:43:45.500 --> 01:43:48.600
made today are reflected in any further


2009
01:43:48.600 --> 01:43:50.400
edits, and thank you for your time.


2010
01:43:51.200 --> 01:43:51.600
Thank you.


2011
01:43:52.700 --> 01:43:54.100
Who do we have next Maya?


2012
01:43:55.800 --> 01:43:58.300
Up next to Zachary. Ohanan with county of


2013
01:43:58.300 --> 01:43:59.600
Humboldt human resources


2014
01:44:01.700 --> 01:44:02.300
Zachary can you hear us?


2015
01:44:03.400 --> 01:44:06.300
Yes, can you hear me? Yes, go right ahead two minutes, please.


2016
01:44:06.300 --> 01:44:06.700
Thank you.


2017
01:44:08.100 --> 01:44:11.100
I'll make it brief. Um, I kind


2018
01:44:11.100 --> 01:44:14.300
of echoing what everyone else is saying supportive 100% of


2019
01:44:14.300 --> 01:44:18.100
protecting workers and their


2020
01:44:17.100 --> 01:44:20.700
health. However contact tracing


2021
01:44:20.700 --> 01:44:23.200
it in general does not seem to


2022
01:44:23.200 --> 01:44:26.500
be effective in any way as an extremely high burden on


2023
01:44:26.500 --> 01:44:29.200
employers and the data that we've looked


2024
01:44:29.200 --> 01:44:32.400
at at our agency which isn't a massive agency, but we're a rural


2025
01:44:32.400 --> 01:44:35.800
agency with not a lot of resources. What seemed


2026
01:44:35.800 --> 01:44:38.800
to be the biggest determining factor and in stopping


2027
01:44:38.800 --> 01:44:41.600
covid cases was masks when we saw masks come


2028
01:44:41.600 --> 01:44:41.800
off.


2029
01:44:42.600 --> 01:44:45.300
He says skyrocketed and with you know,


2030
01:44:45.300 --> 01:44:50.000
all the health orders that are ever-changing masking


2031
01:44:48.100 --> 01:44:51.000
doesn't seem to be the thing that's going to


2032
01:44:51.400 --> 01:44:54.300
change and it's they're gone and people are not going to wear masks


2033
01:44:54.300 --> 01:44:57.700
anymore and us doing this covid contact


2034
01:44:57.700 --> 01:45:00.200
tracing is a massive burden and it's not actually


2035
01:45:00.200 --> 01:45:03.200
doing anything. It's not stopping the amount of


2036
01:45:03.200 --> 01:45:05.600
cases that we're seeing and we're seeing that in our data.


2037
01:45:07.700 --> 01:45:08.600
outside of that


2038
01:45:11.900 --> 01:45:16.500
just hitting on the fact that exclusion


2039
01:45:14.500 --> 01:45:17.500
pay has has


2040
01:45:17.500 --> 01:45:20.400
been extremely hard to manage from the perspective of


2041
01:45:20.400 --> 01:45:23.500
whether it is workplace related


2042
01:45:23.500 --> 01:45:26.100
or not and the burden on the employer to


2043
01:45:26.100 --> 01:45:29.400
determine if it was or not because it is seen now more as an


2044
01:45:29.400 --> 01:45:32.800
environmental or or non workplace


2045
01:45:32.800 --> 01:45:35.300
issue. So those are all


2046
01:45:35.300 --> 01:45:38.600
the comments I have would really like to see contact tracing not


2047
01:45:38.600 --> 01:45:39.200
be a thing.


2048
01:45:40.300 --> 01:45:43.300
Thank you very much. Appreciate your comments. Who do we


2049
01:45:43.300 --> 01:45:47.300
have? Next mile up. Next is Mark Ramos with UFCW


2050
01:45:46.300 --> 01:45:48.700
1428?


2051
01:45:49.400 --> 01:45:50.600
Mark can you hear us?


2052
01:45:51.900 --> 01:45:54.100
I can can you hear me? Yes go right ahead.


2053
01:45:54.900 --> 01:45:57.700
Perfect. Gracias. Thank you today all


2054
01:45:57.700 --> 01:46:00.300
of you for taking up this very serious matter. I just


2055
01:46:00.300 --> 01:46:03.600
want to urge you to please keep exclusion playing on in please


2056
01:46:03.600 --> 01:46:06.600
keep exclusion pay in an emergency standards.


2057
01:46:07.400 --> 01:46:11.300
My name is Mark almost president of UFCW Local 1428


2058
01:46:10.300 --> 01:46:13.800
in the San Gabriel Valley. We represent


2059
01:46:13.800 --> 01:46:16.200
our 4,000 workers who work in a service sector


2060
01:46:16.200 --> 01:46:19.400
and grocery stores Healthcare and cannabis dispensaries.


2061
01:46:20.700 --> 01:46:24.200
70% of our members are part-time if any


2062
01:46:23.200 --> 01:46:26.200
of our members was to miss a week or two weeks


2063
01:46:26.200 --> 01:46:29.400
of work. Their Healthcare is based on their hours work.


2064
01:46:29.400 --> 01:46:32.600
They would lose their health care many of our members have pre-existing


2065
01:46:32.600 --> 01:46:35.200
conditions only have a sick child and we have actually have some


2066
01:46:35.200 --> 01:46:38.100
workers who work in our industry because it provides health care


2067
01:46:38.100 --> 01:46:40.600
for their family if they were to lose their health care.


2068
01:46:41.800 --> 01:46:44.900
They would then become vulnerable to either skipping


2069
01:46:44.900 --> 01:46:47.500
taking their medication trying to


2070
01:46:47.500 --> 01:46:50.100
figure out different ways taking out payday loans trying to


2071
01:46:50.100 --> 01:46:50.800
access cash.


2072
01:46:51.700 --> 01:46:54.300
This is about people I understand some folks


2073
01:46:54.300 --> 01:46:57.400
have a burden on business. But this is about people and I heard so many people on here


2074
01:46:57.400 --> 01:47:00.400
who have the ability to work remotely our members


2075
01:47:00.400 --> 01:47:03.700
don't we are entering the busiest season for retail workers,


2076
01:47:03.700 --> 01:47:06.600
especially grocery retail workers. Our members


2077
01:47:06.600 --> 01:47:09.200
see people a customers who come in to buy


2078
01:47:09.200 --> 01:47:12.500
NyQuil and DayQuil before they go to the emergency room


2079
01:47:12.500 --> 01:47:16.000
when they're probably at their most infectious time. Our


2080
01:47:15.200 --> 01:47:18.500
members are engaging with these folks. We happen


2081
01:47:18.500 --> 01:47:21.400
to be between LA county and San Bernardino County two counties


2082
01:47:21.400 --> 01:47:25.100
who have a very different outlook on how to how to how to


2083
01:47:24.100 --> 01:47:27.300
protect workers and


2084
01:47:27.300 --> 01:47:30.400
how do you enforce covid standards? Our members


2085
01:47:30.400 --> 01:47:33.300
are vulnerable our members just want to go to work to provide for


2086
01:47:33.300 --> 01:47:36.200
their family not get sick. Nobody wants to get sick at work


2087
01:47:36.200 --> 01:47:39.000
and stay home and and you know


2088
01:47:39.300 --> 01:47:41.300
take advantage of something our members.


2089
01:47:42.200 --> 01:47:45.100
Went from Heroes to punching bags, and now they get


2090
01:47:45.100 --> 01:47:48.200
yelled at over mask all these different things are happening in


2091
01:47:48.200 --> 01:47:51.700
real time in the stores on the ground all


2092
01:47:51.700 --> 01:47:54.400
the minutes grocery store. You see how crazy it is,


2093
01:47:54.400 --> 01:47:57.800
please please support this and please keep explosion


2094
01:47:57.800 --> 01:47:59.000
painting on emergency standards.


2095
01:47:59.900 --> 01:48:00.500
Thank you very much.


2096
01:48:01.700 --> 01:48:03.100
Who do we have next Maya?


2097
01:48:06.200 --> 01:48:08.700
Up. Next is Nathan Williams with cannabis worker.


2098
01:48:10.400 --> 01:48:11.100
Megan can you hear us?


2099
01:48:14.700 --> 01:48:18.900
Good morning. I think Nathan. Oh, sorry, Nathan.


2100
01:48:20.300 --> 01:48:23.400
Your good I'll get all good. I am


2101
01:48:23.400 --> 01:48:26.100
being hurt. So perfect. That's what I make. Sure I'll have some


2102
01:48:26.100 --> 01:48:27.400
difficulties comment earlier. Um,


2103
01:48:28.400 --> 01:48:31.400
First off. Thank you so much for letting me to speak. I wish


2104
01:48:31.400 --> 01:48:34.600
all of you the best Health and Welfare. Thank you


2105
01:48:34.600 --> 01:48:37.300
very very much for putting these.


2106
01:48:39.100 --> 01:48:42.300
Regulations in the play to help protect us over the years. It has been


2107
01:48:42.300 --> 01:48:45.500
a crazy crazy time. I'm actually here mostly


2108
01:48:45.500 --> 01:48:46.400
just upon


2109
01:48:52.100 --> 01:48:53.700
Hello, you still there?


2110
01:48:54.300 --> 01:48:57.100
Okay, there we go. Bueno. Yeah, I cut out for a little bit. I would hear some fun.


2111
01:48:57.100 --> 01:49:00.400
All right. Aquí vamos. Cool. I'm actually here


2112
01:49:00.400 --> 01:49:03.300
to speak about exclusion pay for my personal


2113
01:49:03.300 --> 01:49:05.800
standpoints like being in the camp industry and working there.


2114
01:49:07.400 --> 01:49:10.100
I truly believe that employers should continue to pay for it.


2115
01:49:10.100 --> 01:49:13.400
Okay, I believe that it is just


2116
01:49:13.400 --> 01:49:16.300
absolutely detrimental to watch some Mike over get sick and have


2117
01:49:16.300 --> 01:49:19.700
to use that pay lose that money. And the


2118
01:49:19.700 --> 01:49:22.800
reason I personally believe that it's it's such a huge thing


2119
01:49:22.800 --> 01:49:25.300
for employers is where I work. This is


2120
01:49:25.300 --> 01:49:29.100
reasonable. I didn't mention why work the regulations and


2121
01:49:28.100 --> 01:49:30.300
guidelines have gotten very relaxed.


2122
01:49:31.900 --> 01:49:34.300
And I'm fully vaccinated. I've been backing


2123
01:49:34.300 --> 01:49:37.200
from the start. I actually had a fever stayed home


2124
01:49:37.200 --> 01:49:40.500
with got all that clear team back to work was totally


2125
01:49:40.500 --> 01:49:43.600
okay have a mask on and the people who weren't wearing masks


2126
01:49:43.600 --> 01:49:46.300
literally got covid, even though I had tested negative for covid


2127
01:49:46.300 --> 01:49:48.800
like the past two times and


2128
01:49:49.600 --> 01:49:52.100
I am starting to see a lot of


2129
01:49:52.100 --> 01:49:55.500
relaxed guidelines a lot of Forgotten guidelines


2130
01:49:55.500 --> 01:49:56.300
and


2131
01:49:57.300 --> 01:50:00.200
I truly believe the protect our workers safety to protect our health


2132
01:50:00.200 --> 01:50:03.300
and protect their paychecks that we need to keep this inclusion pay.


2133
01:50:04.600 --> 01:50:06.600
Thank you so much for your time. Cancel.


2134
01:50:08.200 --> 01:50:08.700
Thank you.


2135
01:50:09.400 --> 01:50:11.100
Who do we have up next Maya?


2136
01:50:13.200 --> 01:50:16.600
Up. Next is Jeff Hall with local 770 CVS.


2137
01:50:17.700 --> 01:50:18.800
Jeff are you with us?


2138
01:50:26.200 --> 01:50:26.800
Jeff Hall


2139
01:50:28.200 --> 01:50:28.700
Jeff are you there?


2140
01:50:31.300 --> 01:50:34.200
Yes, I am. Lo siento. There you go. I don't need someone


2141
01:50:34.200 --> 01:50:36.300
our six. I got it.


2142
01:50:38.100 --> 01:50:41.300
I apologize. I just like to thank the members of the board


2143
01:50:41.300 --> 01:50:42.800
for taking the time to listen to us today.


2144
01:50:43.700 --> 01:50:46.400
I want to encourage. Please keeping


2145
01:50:46.400 --> 01:50:49.300
the exclusion pay I am an essential worker. I


2146
01:50:49.300 --> 01:50:50.100
work at a pharmacy.


2147
01:50:50.900 --> 01:50:53.800
And I can tell you that the diseases we're


2148
01:50:53.800 --> 01:50:56.300
dealing with covid is not going away in the


2149
01:50:56.300 --> 01:50:59.500
last two months of the 12 people


2150
01:50:59.500 --> 01:51:02.200
at my Pharmacy five of them have come down for cut with


2151
01:51:02.200 --> 01:51:05.500
covid. They've all had to without the exclusion pay


2152
01:51:05.500 --> 01:51:09.100
they would have to make the difficult choice of do


2153
01:51:08.100 --> 01:51:11.600
I potentially go and infect the


2154
01:51:11.600 --> 01:51:14.200
public that they are there to protect and to serve.


2155
01:51:15.400 --> 01:51:18.600
Or do they pay their rent by keeping the exclusion pay


2156
01:51:18.600 --> 01:51:21.300
you're allowing them to continue to put food


2157
01:51:21.300 --> 01:51:24.600
on their table while protecting the


2158
01:51:24.600 --> 01:51:27.200
public which is why we've been doing what


2159
01:51:27.200 --> 01:51:29.700
we've been doing for the last several years.


2160
01:51:30.600 --> 01:51:34.000
Please consider that in your please consider


2161
01:51:33.200 --> 01:51:37.100
that when you make your decisions today that


2162
01:51:36.100 --> 01:51:39.800
this will affect people it


2163
01:51:39.800 --> 01:51:42.200
will affect lives. Not only the lives of


2164
01:51:42.200 --> 01:51:45.300
the workers but the work but the lives of the people the workers are


2165
01:51:45.300 --> 01:51:48.300
there to protect thank you for your time. Appreciate it.


2166
01:51:49.500 --> 01:51:50.200
Thank you, Jeff.


2167
01:51:51.300 --> 01:51:52.700
Who do we have up next Maya?


2168
01:51:54.100 --> 01:51:57.800
Up. Next is Chris Myers with California School Employees Association.


2169
01:51:59.700 --> 01:52:01.100
For Myers. Can you hear us?


2170
01:52:02.500 --> 01:52:03.100
Great Thanksgiving here.


2171
01:52:04.200 --> 01:52:05.300
Yeah, go ahead.


2172
01:52:06.300 --> 01:52:09.300
Perfect. Buenas tardes. My name is Chris Myers and


2173
01:52:09.300 --> 01:52:13.300
on behalf of the California School Employees Association representing over


2174
01:52:13.300 --> 01:52:16.200
250,000 classified school members across our state


2175
01:52:16.200 --> 01:52:19.300
first. I just wanted to thank you for all the hard work over


2176
01:52:19.300 --> 01:52:22.500
these last couple years, but I want to also share our concerns


2177
01:52:22.500 --> 01:52:25.200
with our brothers and sisters and labor on a few points.


2178
01:52:26.400 --> 01:52:29.700
So first of all with all the uncertainty still around covid-19


2179
01:52:29.700 --> 01:52:32.800
and the possibility of new variants. We were


2180
01:52:32.800 --> 01:52:35.700
shocked to learn that the update to the emergency temporary standard deleted


2181
01:52:35.700 --> 01:52:38.200
exclusion pay as we saw last winter


2182
01:52:38.200 --> 01:52:41.400
with the Omicron variant the proposal to cut workers off


2183
01:52:41.400 --> 01:52:44.700
from exclusion pay on January 1st seems too


2184
01:52:44.700 --> 01:52:45.900
fast and too soon.


2185
01:52:46.600 --> 01:52:49.300
And what that exclusion pay half of our members


2186
01:52:49.300 --> 01:52:52.200
who make less than $30,000 a year will be


2187
01:52:52.200 --> 01:52:55.600
forced to hide their symptoms or a positive test and come to


2188
01:52:55.600 --> 01:52:57.100
work in order to make ends meet.


2189
01:52:58.100 --> 01:53:01.200
Additionally, the read option should retain the requirement to


2190
01:53:01.200 --> 01:53:04.800
notify employees and their representatives of covid-19 cases


2191
01:53:04.800 --> 01:53:07.800
and close contacts. Also requiring


2192
01:53:07.800 --> 01:53:10.400
employers to continue to report worksite outbreaks to


2193
01:53:10.400 --> 01:53:12.000
local Health departments.


2194
01:53:12.800 --> 01:53:15.500
We feel that providing more information not less should


2195
01:53:15.500 --> 01:53:19.000
be the standard that we adhere to and finally


2196
01:53:18.400 --> 01:53:21.300
the definition of outbreak should align with


2197
01:53:21.300 --> 01:53:24.200
the cdph's definition. Our members


2198
01:53:24.200 --> 01:53:27.500
are on the front lines and as much as we may want covid-19 to


2199
01:53:27.500 --> 01:53:30.200
be a distant memory we can learn from the past to know that


2200
01:53:30.200 --> 01:53:33.300
you know the winners coming and we should do everything to protect our


2201
01:53:33.300 --> 01:53:34.900
workers but also our community


2202
01:53:35.700 --> 01:53:36.000
Thank you.


2203
01:53:36.900 --> 01:53:37.200
Thank you.


2204
01:53:38.200 --> 01:53:39.700
Who do we have next Maya?


2205
01:53:43.400 --> 01:53:48.200
Up. Next is Matt Bell with security treasure UFCW 324.


2206
01:53:49.600 --> 01:53:50.600
At can you hear us?


2207
01:53:55.900 --> 01:53:58.400
Pat can you hear us if if you're on a phone do store


2208
01:53:58.400 --> 01:53:58.700
six?


2209
01:54:02.100 --> 01:54:02.400
at


2210
01:54:06.200 --> 01:54:09.000
it we'll move on to the next and Matt. Hang on we want to


2211
01:54:09.100 --> 01:54:09.400
get you later.


2212
01:54:10.600 --> 01:54:14.000
Go ahead. My up. Next is Judith nidorf with


2213
01:54:13.300 --> 01:54:14.800
member of the public.


2214
01:54:16.100 --> 01:54:17.200
Judith can you hear us?


2215
01:54:19.800 --> 01:54:22.200
Yes, I can. ¿Puedes escucharme? We can't go


2216
01:54:22.200 --> 01:54:22.500
right ahead.


2217
01:54:23.800 --> 01:54:26.100
Fantastic. So first I want to say this is gonna be


2218
01:54:26.100 --> 01:54:29.300
a little bit weird because I'm not going to be giving a covid comment.


2219
01:54:31.500 --> 01:54:34.600
So, my name's Judith Snyder and I want to


2220
01:54:34.600 --> 01:54:37.500
emphasize that I'm commenting as a private citizen today.


2221
01:54:37.500 --> 01:54:40.200
These views are entirely my own and do not


2222
01:54:40.200 --> 01:54:44.400
represent any views that may be held by my company or Union. I'd


2223
01:54:43.400 --> 01:54:46.900
also like to state that this is a relatively informal


2224
01:54:46.900 --> 01:54:49.400
comment due to the fact that I was originally planning to wait


2225
01:54:49.400 --> 01:54:52.300
until next month's meeting to submit this comment.


2226
01:54:53.600 --> 01:54:56.500
And recently a judge in Texas ruled that


2227
01:54:56.500 --> 01:54:59.600
two medical provider companies could avoid providing medical


2228
01:54:59.600 --> 01:55:02.800
insurance their staff that includes HIV pre-exposure


2229
01:55:02.800 --> 01:55:05.000
prophylactics due to their religious belief.


2230
01:55:05.700 --> 01:55:09.000
And that made me realize that the bloodborne pathogens standard


2231
01:55:08.300 --> 01:55:11.300
is developed a gap that it may be time to address.


2232
01:55:12.100 --> 01:55:15.400
So currently the bloodborne Protestants standard requires an exposure


2233
01:55:15.400 --> 01:55:18.600
control plan to be developed by each employer that covers methods


2234
01:55:18.600 --> 01:55:21.800
of compliance for employees with blood or opium exposures


2235
01:55:21.800 --> 01:55:24.300
and it also contains a requirement for


2236
01:55:24.300 --> 01:55:27.800
employees to be offered hepatitis BF vaccination that makes


2237
01:55:27.800 --> 01:55:30.900
sense because when the standard was developed this was the only vaccination


2238
01:55:30.900 --> 01:55:33.300
or pre-exposure prophylactic that was available


2239
01:55:33.300 --> 01:55:36.000
for the bloodborne pathogens identified in the standard


2240
01:55:37.400 --> 01:55:40.700
However, one thing that the standard doesn't address that's applicable


2241
01:55:40.700 --> 01:55:44.000
Now is offering employees additional


2242
01:55:43.600 --> 01:55:46.800
applicable bloodborne pathogen vac cinations and


2243
01:55:46.800 --> 01:55:49.600
pre-exposure prophylactics after their


2244
01:55:49.600 --> 01:55:51.400
developed and approved by the FDA.


2245
01:55:52.700 --> 01:55:55.500
Since I came to this realization so recently since it's all


2246
01:55:55.500 --> 01:55:58.200
just happened at the end of last week. I haven't had


2247
01:55:58.200 --> 01:56:01.300
the opportunity to develop the proposal further than these initial


2248
01:56:01.300 --> 01:56:04.200
thoughts. So I plan to continue investigation on my


2249
01:56:04.200 --> 01:56:07.000
end. And once I have something a little


2250
01:56:07.300 --> 01:56:10.500
more coherent and with some proposed findings


2251
01:56:10.500 --> 01:56:13.300
and language, I will be submitting a written comment


2252
01:56:13.300 --> 01:56:13.800
to the board.


2253
01:56:14.500 --> 01:56:14.900
Thank you.


2254
01:56:16.200 --> 01:56:19.300
Judith this is Christina Shoup with the Standards


2255
01:56:19.300 --> 01:56:22.100
Board. I'd like to encourage you to reach out to


2256
01:56:22.100 --> 01:56:27.500
our staff at OSHSB@dir.ca.gov as


2257
01:56:26.500 --> 01:56:29.400
you move forward with your process. We


2258
01:56:29.400 --> 01:56:30.800
may be able to provide some assistance.


2259
01:56:32.200 --> 01:56:32.700
Thank you so much.


2260
01:56:33.900 --> 01:56:34.700
Thank you Judith.


2261
01:56:35.100 --> 01:56:36.800
Who do we have next my


2262
01:56:41.900 --> 01:56:44.400
Up. Next is Cynthia rice with California


2263
01:56:44.400 --> 01:56:45.900
rural legal assistance.


2264
01:56:47.200 --> 01:56:48.600
Cynthia can you hear us?


2265
01:56:49.600 --> 01:56:52.400
Yes, good afternoon. ¿Puedes escucharme? Yes, good afternoon.


2266
01:56:53.600 --> 01:56:56.400
I won't repeat anything or but I


2267
01:56:56.400 --> 01:56:59.800
do want to join in the excellent comments of the other worker Advocates


2268
01:56:59.800 --> 01:57:02.200
who have already presented today. I do


2269
01:57:02.200 --> 01:57:07.300
want to take just my two minutes to point out some misleading


2270
01:57:06.300 --> 01:57:09.600
or misunderstood perhaps


2271
01:57:09.600 --> 01:57:13.100
positions advice justifiers today.


2272
01:57:12.100 --> 01:57:15.400
First of all, 3203 was not


2273
01:57:15.400 --> 01:57:18.700
working just fine prior to the implementation


2274
01:57:18.700 --> 01:57:21.400
of the emergency regulation and enforcement was


2275
01:57:21.400 --> 01:57:24.600
a challenge and even more importantly work or


2276
01:57:24.600 --> 01:57:28.300
understanding with non-existent. The iip


2277
01:57:27.300 --> 01:57:30.800
is not going to replace a


2278
01:57:30.800 --> 01:57:33.600
clear standard that workers can rely


2279
01:57:33.600 --> 01:57:37.000
on when requesting protective equipment and employers


2280
01:57:36.400 --> 01:57:39.500
will understand when complying with


2281
01:57:39.500 --> 01:57:44.700
the rules second 2693. The


2282
01:57:43.700 --> 01:57:46.500
signing of 2693 will


2283
01:57:46.500 --> 01:57:50.800
not impact the regulation as


2284
01:57:50.800 --> 01:57:52.500
it is currently drafted or


2285
01:57:53.500 --> 01:57:56.600
With respect to any changes that are urged by worker Advocates


2286
01:57:56.600 --> 01:57:59.500
that 2693 like the


2287
01:57:59.500 --> 01:58:02.600
emergency regulation addressed the


2288
01:58:02.600 --> 01:58:06.700
emergency of the immediate need to take emergency action


2289
01:58:05.700 --> 01:58:09.000
staff and this


2290
01:58:08.400 --> 01:58:11.800
board have to be commended for doing exactly the


2291
01 :58:11.800 --> 01:58:14.800
same thing and then appropriately pivoting as


2292
01:58:14.800 --> 01:58:17.800
we got more more science that


2293
01:58:17.800 --> 01:58:20.400
is where you are now in developing a non


2294
01:58:20.400 --> 01:58:24.100
permanent non-emergency regulation. So


2295
01:58:23.100 --> 01:58:26.500
2693 and and the sunset


2296
01:58:26.500 --> 01:58:29.400
provisions and elimination of some specifics is not


2297
01:58:29.400 --> 01:58:32.500
inconsistent with that and doesn't create an APA problem.


2298
01:58:33.400 --> 01:58:36.100
Additionally, the workers compensation numbers that have been


2299
01:58:36.100 --> 01:58:39.700
repeatedly raised during the course of these hearings just


2300
01:58:39.700 --> 01:58:42.300
are not relevant particularly with respect to


2301
01:58:42.300 --> 01:58:45.100
low-wage workers. The charge of this board is


2302
01:58:45.100 --> 01:58:48.200
not to reduce worker's compensation claims. Of course, that's what


2303
01:58:48.200 --> 01:58:52.200
we want. The charges to protect workers from issues


2304
01:58:51.200 --> 01:58:54.400
of safety that are


2305
01:58:54.400 --> 01:58:57.400
issues that create a hazard to their health and


2306
01:58:57.400 --> 01:59:01.300
that's what this non-emergency standard does


2307
01:59:00.300 --> 01:59:03.400
two minutes. Please wrap up


2308
01:59:03.400 --> 01:59:04.000
Industries.


2309
01:59:04.500 --> 01:59:07.500
In particular do not report workers' compensation.


2310
01:59:07.500 --> 01:59:11.000
Also housing is not an optional


2311
01:59:10.500 --> 01:59:13.300
benefit that's provided or is transportation


2312
01:59:13.300 --> 01:59:16.500
for most of the workers that are provided employer housing


2313
01:59:16.500 --> 01:59:19.300
these days particularly in agriculture. That is


2314
01:59:19.300 --> 01:59:22.200
a particularly requirement of a federal program. It is


2315
01:59:22.200 --> 01:59:26.600
not the largest of the employer but it does create larger


2316
01:59:25.600 --> 01:59:28.300
risks to


2317
01:59:28.300 --> 01:59:31.700
do to confined spaces and extended


2318
01:59:31.700 --> 01:59:34.800
exposures. So we would encourage you to


2319
01:59:34.800 --> 01:59:37.300
keep those standards with respect to


2320
01:59:37.300 --> 01:59:40.200
housing and transportation and I join of course in


2321
01:59:40.200 --> 01:59:43.000
the comments about the exclusion pay and thank you very much.


2322
01:59:45.800 --> 01:59:47.100
My who do we have next?


2323
01:59:48.500 --> 01:59:50.800
Up. Next is Cassie hilasky with nibby Brothers.


2324
01:59:51.800 --> 01:59:53.600
Yeah, see, how you doing.


2325
01:59:54.700 --> 01:59:57.200
Good, how are you? All doing? Good good.


2326
01:59:58.900 --> 02:00:01.600
Excellent. So today I primarily


2327
02:00:01.600 --> 02:00:04.700
wanted to thank the board and the division for all


2328
02:00:04.700 --> 02:00:07.100
your hard work on the code regulations.


2329
02:00:08.100 --> 02:00:11.900
You know, it hasn't been and will continue not to be an easy


2330
02:00:11.900 --> 02:00:12.100
job.


2331
02:00:13.600 --> 02:00:16.600
Um personally, I think at this point the biggest challenge


2332
02:00:16.600 --> 02:00:19.200
is going to be figuring out how to make the


2333
02:00:19.200 --> 02:00:22.700
transition from pandemic to endemic


2334
02:00:23.400 --> 02:00:26.800
At some points the fatality and hospitalization


2335
02:00:26.800 --> 02:00:29.600
rates are going to normalize to


2336
02:00:29.600 --> 02:00:32.200
levels similar to the flu and pneumonia.


2337
02:00:33.200 --> 02:00:36.200
When that happens, we will really need to have a


2338
02:00:36.200 --> 02:00:40.100
quick exit strategy in place as everyone employees


2339
02:00:39.100 --> 02:00:42.900
included are extremely tired of


2340
02:00:42.900 --> 02:00:43.900
covid protocols.


2341
02:00:45.200 --> 02:00:49.000
At least I can speak for my employees who share that


2342
02:00:48.400 --> 02:00:51.200
feedback with us that they really are tired.


2343
02:00:54.800 --> 02:00:57.400
Of course. I'm under No Illusion that we're


2344
02:00:57.400 --> 02:00:59.300
close to endemic status currently.


2345
02:01:00.000 --> 02:01:00.200
but


2346
02:01:01.300 --> 02:01:01.600
it possible.


2347
02:01:02.600 --> 02:01:03.000
that


2348
02:01:04.500 --> 02:01:07.300
we could get there


2349
02:01:07.300 --> 02:01:10.200
sometime in 2024 perhaps and the


2350
02:01:10.200 --> 02:01:13.300
current non-emergency regulations are scheduled to


2351
02:01:13.300 --> 02:01:15.900
be in place through the end of 2024.


2352
02:01:16.700 --> 02:01:20.600
So I think that's just something to consider regarding timing and


2353
02:01:19.600 --> 02:01:23.100
I think how and clearly Cleary had


2354
02:01:22.100 --> 02:01:25.800
some very good suggestions on that point. So


2355
02:01:25.800 --> 02:01:28.200
thank you again for your time and all of


2356
02:01:28.200 --> 02:01:29.600
your hard work. It's much appreciated.


2357
02:01:30.700 --> 02:01:31.600
Thank you, Cassie.


2358
02:01:32.200 --> 02:01:33.900
Who do we have next Maya?


2359
02:01:37.200 --> 02:01:38.500
Up. Next is Christina.


2360
02:01:39.600 --> 02:01:42.800
Hildebrand with a voice for Choice advocacy


2361
02:01:44.500 --> 02:01:46.400
I can hear us. Hola. This is


2362
02:01:47.400 --> 02:01:50.700
Hi, this is Christy sepulved at Merchant. I'm thinking on


2363
02:01:50.700 --> 02:01:52.800
behalf of Christina Hildebrandt already.


2364
02:01:55.300 --> 02:01:56.300
I'm


2365
02:01:57.300 --> 02:01:58.100
our comment is not


2366
02:01:59.300 --> 02:02:01.800
to have a permanent standard specific to covid.


2367
02:02:02.600 --> 02:02:05.600
If you move forward with the standard to have


2368
02:02:05.600 --> 02:02:07.300
a reassessment every six months.


2369
02:02:07.900 --> 02:02:11.400
Because the virus along with vaccination treatments


2370
02:02:10.400 --> 02:02:13.300
as well as CDC and


2371
02:02:13.300 --> 02:02:15.700
cdph guidance is Ever Changing?


2372
02:02:16.500 --> 02:02:18.000
If we look back six months.


2373
02:02:19.200 --> 02:02:22.200
We are in a very different position to the previous six months


2374
02:02:22.200 --> 02:02:26.200
CDC and cdph guidance guidelines have


2375
02:02:25.200 --> 02:02:28.400
already made the standard outdated.


2376
02:02:29.300 --> 02:02:32.100
The standard needs to be updated to stay in line


2377
02:02:32.100 --> 02:02:35.400
with pdph and CDC guidance. That is again


2378
02:02:35.400 --> 02:02:37.100
ever frequently changing.


2379
02:02:37.800 --> 02:02:38.500
Thank you very much.


2380
02:02:40.100 --> 02:02:40.300
Thank you.


2381
02:02:42.500 --> 02:02:43.800
Hi, who do we have up next?


2382
02:02:54.500 --> 02:02:58.100
Up. Next is Michael Pimentel with California transit Association.


2383
02:02:59.200 --> 02:03:00.400
Michael can you hear us?


2384
02:03:01.900 --> 02:03:04.600
I can I hope you can hear me and go


2385
02:03:04.600 --> 02:03:08.000
right ahead two minutes, please. Oh and thank


2386
02:03:07.700 --> 02:03:10.700
you, Mr. Chairman Members Mark Bentel Executive


2387
02:03:10.700 --> 02:03:14.300
Director of the California Tansit Association, representing 220


2388
02:03:13.300 --> 02:03:17.100
public and private sector organizations, including


2389
02:03:16.100 --> 02:03:19.900
85 Transit rental agencies. Now first,


2390
02:03:19.900 --> 02:03:22.200
I do want to align myself to the commons that were


2391
02:03:22.200 --> 02:03:26.100
registered earlier in today's discussion by Mr. Moutry of


2392
02:03:25.100 --> 02:03:28.400
Cal Chamber and others have raised


2393
02:03:28.400 --> 02:03:31.600
concerns with the proposed regulation here in


2394
02:03:31.600 --> 02:03:34.500
the shortest form. I've just note that we find it troubling


2395
02:03:34.500 --> 02:03:38.500
that there is dissonance between the general relaxation a


2396
02:03:37.500 --> 02:03:40.300
federal and state and public health


2397
02:03:40.300 --> 02:03:43.100
organizations protocols as they apply to the


2398
02:03:43.100 --> 02:03:46.900
general public and what is being presented here relative to


2399
02:03:46.900 --> 02:03:49.800
employers and in


2400
02:03:49.800 --> 02:03:52.700
effect. This is an approach is one that


2401
02:03:52.700 --> 02:03:56.000
is going to shift the financial responsibility the


2402
02:03:55.100 --> 02:03:59.900
public health responsibility of addressing covid-19 outbreaks


2403
02:03:58.900 --> 02:04:01.700
on employers including


2404
02:04:01.900 --> 02:04:04.300
A Transit agencies and so we have


2405
02:04:04.300 --> 02:04:07.200
committed a letter it goes into a lot of detail on our


2406
02:04:07.200 --> 02:04:10.300
specific concerns, but at the highest level just note


2407
02:04:10.300 --> 02:04:13.600
that we are calling for the board to one provided definition


2408
02:04:13.600 --> 02:04:16.700
of same indoor airspace to establish


2409
02:04:16.700 --> 02:04:19.500
some clear spatial parameters that are sensitive to


2410
02:04:19.500 --> 02:04:22.800
the Practical implementation needs of employers to


2411
02:04:22.800 --> 02:04:25.200
we're asking for an expansion of


2412
02:04:25.200 --> 02:04:28.300
the exception to close contacts to also


2413
02:04:28.300 --> 02:04:31.400
include fully vaccinated in boosted employees


2414
02:04:31.400 --> 02:04:34.400
with the boosted employees being once that have received


2415
02:04:34.400 --> 02:04:38.500
the most recent Bible booster shot


2416
02:04:38.500 --> 02:04:41.100
three, we're asking for revision to the definition


2417
02:04:41.100 --> 02:04:45.300
of outbreak and major outbreak to account for workplace size


2418
02:04:44.300 --> 02:04:47.700
as many others have raised and


2419
02:04:47.700 --> 02:04:50.200
then finally our requesting a modification of


2420
02:04:50.200 --> 02:04:54.400
the testing requirements to allow for employers to


2421
02:04:54.400 --> 02:04:57.700
only make tests available upon requests.


2422
02:04:57.700 --> 02:05:00.200
What we're finding is that many agencies are


2423
02:05:00.200 --> 02:05:01.700
establishing large oper.


2424
02:05:01.800 --> 02:05:04.700
And to make testing available to their employees


2425
02:05:04.700 --> 02:05:07.200
and it isn't being utilized. And so that


2426
02:05:07.200 --> 02:05:10.700
is one that comes with extreme costs to the agencies and very


2427
02:05:10.700 --> 02:05:13.200
little uptake from the workforce again. There may be


2428
02:05:13.200 --> 02:05:17.100
an opportunity there for making that something that is not permissive


2429
02:05:16.100 --> 02:05:20.100
but rather something that is upon requests.


2430
02:05:19.100 --> 02:05:22.200
And so with that again, our letter goes into


2431
02:05:22.200 --> 02:05:24.300
more detail and want to thank you for your time this afternoon.


2432
02:05:25.200 --> 02:05:25.800
Thank you, Michael.


2433
02:05:27.300 --> 02:05:30.000
Who do we have on the line now my


2434
02:05:34.500 --> 02:05:37.500
Up. Next is Beth with SEIU, California.


2435
02:05:39.700 --> 02:05:43.000
Thank you. Hi, good afternoon. Everyone that's onowski


2436
02:05:42.100 --> 02:05:45.400
with SEIU, California. Thank you


2437
02:05:45.400 --> 02:05:48.600
for having this forum. Today. I'm creating


2438
02:05:48.600 --> 02:05:51.300
the space to talk about something. That's so important to our workers


2439
02:05:51.300 --> 02:05:55.200
SEIU is so proud to represent workers across many settings throughout


2440
02:05:54.200 --> 02:05:58.700
the state of California and really


2441
02:05:58.700 --> 02:06:01.300
just want to start off by seconding the remarks made


2442
02:06:01.300 --> 02:06:04.200
by my colleagues the labor fed. You have CWS


2443
02:06:05.900 --> 02:06:08.100
CSEA and our other labor colleagues as you can


2444
02:06:08.100 --> 02:06:11.500
see, there's a lot of unity across our diverse Industries today on


2445
02:06:11.500 --> 02:06:14.100
the importance of the standard and we all stand in


2446
02:06:14.100 --> 02:06:17.700
alignment and the readoption of the covid-19 prevention standard


2447
02:06:17.700 --> 02:06:20.600
as my colleagues have shared. We're particularly concerned


2448
02:06:20.600 --> 02:06:24.500
about the potential of the exclusion pay deletion. As


2449
02:06:23.500 --> 02:06:26.300
you stand that decision pay must be


2450
02:06:26.300 --> 02:06:30.900
returned into the final prevention standard additionally


2451
02:06:29.900 --> 02:06:32.300
want to come with the importance


2452
02:06:32.300 --> 02:06:36.100
of also continue to language regarding notifications as well


2453
02:06:35.100 --> 02:06:37.800
as the importance.


2454
02:06:38.600 --> 02:06:42.400
Are having Synergy with a cdbh definitions,


2455
02:06:41.400 --> 02:06:44.200
all of these matters have


2456
02:06:44.200 --> 02:06:47.400
incredible Public Health implications. We have


2457
02:06:47.400 --> 02:06:50.300
the reality that depending on what moves forward with


2458
02:06:50.300 --> 02:06:53.800
situation will be actually encouraging Under reporting and potentially


2459
02:06:53.800 --> 02:06:58.000
being encouraging the creation of job-based


2460
02:06:56.600 --> 02:06:59.100
outbreaks where we don't


2461
02:06:59.100 --> 02:07:02.200
want to see that happen. Of course really at the


2462
02:07:02.200 --> 02:07:05.700
end of the day the majority of working Californians are


2463
02:07:05.700 --> 02:07:09.200
spending the majority of their working hours


2464
02:07:08.200 --> 02:07:11.900
at work sites where today


2465
02:07:11.900 --> 02:07:14.200
covid-19 is still a reality.


2466
02:07:14.200 --> 02:07:17.200
I think when we think about our decision today, we all


2467
02:07:17.200 --> 02:07:20.500
have to think about it in the context of not just covid-19, but the


2468
02:07:20.500 --> 02:07:23.700
potential president setting here as we both look at what's


2469
02:07:23.700 --> 02:07:26.200
happening environment regarding monkeypox and just the


2470
02:07:26.200 --> 02:07:29.900
reality that we're having a Global Environmental shift those leading


2471
02:07:29.900 --> 02:07:32.200
to Greater transmission and infectious disease and


2472
02:07:32.200 --> 02:07:35.600
decisions and discussions. We're having today the implications on


2473
02:07:35.600 --> 02:07:38.400
future policies. We might be needing to make moving forward.


2474
02:07:38.600 --> 02:07:41.800
Words to not only address covid-19, but to


2475
02:07:41.800 --> 02:07:44.700
make sure we have a more permanent and broader infectious disease


2476
02:07:44.700 --> 02:07:47.600
standard a conversation that of course labor would invite. So


2477
02:07:47.600 --> 02:07:50.300
again, I want to thank you all for the time today. Otra vez. We


2478
02:07:50.300 --> 02:07:53.800
stand their labor colleagues and really looking to see a strengthened


2479
02:07:53.800 --> 02:07:56.700
re-adopted covid-19 standard and


2480
02:07:56.700 --> 02:07:59.400
look forward and hope for future conversations or a


2481
02:07:59.400 --> 02:08:02.500
permanent more broad strategy around infectious disease. Thank


2482
02:08:02.500 --> 02:08:02.500
you.


2483
02:08:03.500 --> 02:08:03.800
Thank you.


2484
02:08:05.300 --> 02:08:08.100
How many colors do we have left Maya this time?


2485
02:08:11.400 --> 02:08:14.000
About maybe like five to eight.


2486
02:08:15.300 --> 02:08:18.300
Go ahead. Let's you have next up. Next is


2487
02:08:18.300 --> 02:08:21.300
Robert blink MD with worksite Partners Medical Group.


2488
02:08:23.200 --> 02:08:24.300
Robert can hear us.


2489
02:08:26.300 --> 02:08:27.300
I can hear you. Avanzar.


2490
02:08:28.800 --> 02:08:31.700
Excellent. Well, good afternoon, everyone and greetings


2491
02:08:31.700 --> 02:08:34.200
to my phone for colleagues on


2492
02:08:34.200 --> 02:08:37.600
the Standards Board and thank you Chairman and remember and


2493
02:08:37.600 --> 02:08:40.400
staff for all your hard work. I'll be


2494
02:08:40.400 --> 02:08:43.300
brief. I'm an occupational medicine physician and


2495
02:08:43.300 --> 02:08:46.100
private practice and I advise clients around


2496
02:08:46.100 --> 02:08:49.500
the country on covid issues of as well as many other things.


2497
02:08:49.500 --> 02:08:52.400
I'm speaking only for myself today not for


2498
02:08:52.400 --> 02:08:55.400
any other group. I'm with first comment I


2499
02:08:55.400 --> 02:08:58.100
have is regarding monkey pox. So a little bit of a


2500
02:08:58.100 --> 02:09:01.500
off the topic just to ask


2501
02:09:01.500 --> 02:09:04.700
the board to please keep it on your agenda monkey


2502
02:09:04.700 --> 02:09:07.800
parks in general is not aerosol transmissible


2503
02:09:07.800 --> 02:09:11.500
and keeping it as part of the AT&T standards


2504
02:09:10.500 --> 02:09:13.400
is a tremendous burden on


2505
02:09:13.400 --> 02:09:16.500
Health Care institutions, and I'd encourage


2506
02:09:16.500 --> 02:09:19.400
the board to to revisit the


2507
02:09:19.400 --> 02:09:23.200
the inclusion of monkey pox in the ATD standards.


2508
02:09:22.200 --> 02:09:27.100
It's just not not appropriate regarding


2509
02:09:25.100 --> 02:09:28.600
covid just


2510
02:09:28.700 --> 02:09:31.500
Want to make some general comments. Number one. We are now off the


2511
02:09:31.500 --> 02:09:34.200
map up until about six months ago. We had


2512
02:09:34.200 --> 02:09:37.700
pretty good standards for what risk factors were


2513
02:09:37.700 --> 02:09:40.400
how to do tracing Etc with the


2514
02:09:40.400 --> 02:09:43.600
Advent of Home testing and the new variants.


2515
02:09:43.600 --> 02:09:46.800
We no longer really have good standards two


2516
02:09:46.800 --> 02:09:49.000
years from now. We will be in a very


2517
02:09:49.100 --> 02:09:52.600
different place than we are now and we are now navigating this


2518
02:09:52.600 --> 02:09:55.400
Middle Ground where frankly nobody knows what to do. So


2519
02:09:55.400 --> 02:09:58.100
if you feel confused join the club


2520
02:09:59.900 --> 02:10:02.600
Um some comments on the specific standards being


2521
02:10:02.600 --> 02:10:05.700
proposed. Number one the making this


2522
02:10:05.700 --> 02:10:09.400
a two years standard I think is unwise I


2523
02:10:08.400 --> 02:10:11.600
think that things will be different a year


2524
02:10:11.600 --> 02:10:14.700
from now than they are today and that


2525
02:10:14.700 --> 02:10:17.500
a revision will probably be appropriate might be


2526
02:10:17.500 --> 02:10:20.800
the same. We don't know, but I think that one year


2527
02:10:20.800 --> 02:10:22.600
would probably be more appropriate.


2528
02:10:23.900 --> 02:10:26.600
Next is the utility of tracing


2529
02:10:26.600 --> 02:10:29.900
contacts at the employer level. Look employers


2530
02:10:29.900 --> 02:10:32.900
are not equipped to do this. Well, it's a


2531
02:10:32.900 --> 02:10:36.000
tremendous burden and as many others have said the


2532
02:10:35.800 --> 02:10:38.600
value of this is actually quite low,


2533
02:10:38.600 --> 02:10:41.100
but two minutes Bob if you could


2534
02:10:41.100 --> 02:10:42.500
wrap up in the next few seconds.


2535
02:10:43.800 --> 02:10:45.200
And finally a special.


2536
02:10:46.400 --> 02:10:50.300
One consideration for employers who have Occupational Medicine


2537
02:10:49.300 --> 02:10:52.700
consultation or medical staff


2538
02:10:52.700 --> 02:10:55.600
on site. I think should be given and finally


2539
02:10:55.600 --> 02:10:58.900
just for all the 170 people on this call. Please


2540
02:10:58.900 --> 02:11:01.700
get your Omicron vaccine the


2541
02:11:01.700 --> 02:11:04.700
so-called by valent. It's that makes a big difference. If


2542
02:11:04.700 --> 02:11:07.500
you haven't gotten you Omicron vaccine, please


2543
02:11:07.500 --> 02:11:10.100
do so along with your flu. Thanks for your time.


2544
02:11:11.300 --> 02:11:12.500
Thanks, Bob. Appreciate it.


2545
02:11:13.100 --> 02:11:16.500
Who do we have next Maya up? Next is Alex Torres with


2546
02:11:16.500 --> 02:11:17.400
Bay Area Council?


2547
02:11:18.800 --> 02:11:19.600
that Alec


2548
02:11:20.700 --> 02:11:23.100
Alex Torres Alex Bay Area


2549
02:11:23.100 --> 02:11:23.400
Council


2550
02:11:24.100 --> 02:11:26.100
My members, can you hear me? Yeah, go ahead.


2551
02:11:26.900 --> 02:11:29.600
Excellent. Well, thank you so much. I'll be brief Alex Torres


2552
02:11:29.600 --> 02:11:32.300
director of state government relations with the Bay Area Council. We represent


2553
02:11:32.300 --> 02:11:35.700
300 of the largest employers in the Bay Area. I think


2554
02:11:35.700 --> 02:11:38.900
I can't I can't have much to what's already been said. I


2555
02:11:38.900 --> 02:11:42.000
would line our comments with Cal Chamber La bizfad


2556
02:11:41.600 --> 02:11:44.500
the Restaurant Association on some


2557
02:11:44.500 --> 02:11:47.400
of the concerns around here, you know looking at


2558
02:11:47.400 --> 02:11:50.700
the Bay Area there are a lot of businesses that have


2559
02:11:50.700 --> 02:11:54.000
yet to bring employees back and that's really hurting downtowns.


2560
02:11:53.200 --> 02:11:56.400
A lot of businesses are very challenged and Mr.


2561
02:11:56.400 --> 02:11:59.500
Pimental from the transit Association made


2562
02:11:59.500 --> 02:12:02.300
some comments on some challenges with their employees,


2563
02:12:02.300 --> 02:12:05.300
but there's also concerns around ridership, you know,


2564
02:12:05.300 --> 02:12:08.500
we really are seeing declines and our downtowns in


2565
02:12:08.500 --> 02:12:11.200
the Bay Area. Generally, you know, there's a lot


2566
02:12:11.200 --> 02:12:14.300
of remote work that can be performed. And so that's


2567
02:12:14.300 --> 02:12:17.600
creating challenges in terms of the businesses that are situated around


2568
02:12:17.600 --> 02:12:20.600
where those once thriving commercial corridors existed.


2569
02:12:20.600 --> 02:12:23.400
So we would we would caution this


2570
02:12:23.400 --> 02:12:25.900
this body to consider those ramifications.


2571
02:12:26.900 --> 02:12:29.700
And we really are hopeful to see some


2572
02:12:29.700 --> 02:12:32.400
of these numbers pick up around return to office numbers


2573
02:12:32.400 --> 02:12:35.900
and also just you know, the ancillary effects


2574
02:12:35.900 --> 02:12:38.900
increased ridership on Transit increased patronage


2575
02:12:38.900 --> 02:12:42.300
of businesses around those those commercial corridors. So


2576
02:12:41.300 --> 02:12:44.800
we would we would just make you


2577
02:12:44.800 --> 02:12:47.100
know, again align our substantive comments with these other groups


2578
02:12:47.100 --> 02:12:50.700
and urge you to consider that that when making


2579
02:12:50.700 --> 02:12:52.500
these decisions, thank you so much. Appreciate it.


2580
02:12:53.500 --> 02:12:53.800
Thank you.


2581
02:12:54.800 --> 02:12:55.800
Who do we have next?


2582
02:12:56.800 --> 02:12:59.700
Up. Next is Sabrina Lockhart with California attractions and


2583
02:12:59.700 --> 02:13:00.700
Parks Association.


2584
02:13:01.900 --> 02:13:03.100
Bruna can you hear us?


2585
02:13:03.900 --> 02:13:06.700
I can thank you. Buenas tardes. I'm


2586
02:13:06.700 --> 02:13:09.900
Sabrina Lockhart the executive director of the California attractions and


2587
02:13:09.900 --> 02:13:12.300
Parks Association like many others.


2588
02:13:12.300 --> 02:13:15.100
Thank you so much board and staff for your hard work on this


2589
02:13:15.100 --> 02:13:18.800
issue. We appreciate the positive changes made


2590
02:13:18.800 --> 02:13:22.500
to the draft non-emergency regulation streamlining


2591
02:13:21.500 --> 02:13:25.200
rules and providing flexibility. Our members


2592
02:13:24.200 --> 02:13:27.000
were among the first to close in the last


2593
02:13:27.400 --> 02:13:30.300
to reopen during the pandemic safety is at the


2594
02:13:30.300 --> 02:13:33.800
core of everything that we do so we have a unique appreciation for


2595
02:13:33.800 --> 02:13:35.600
protecting our Workforce and guests.


2596
02:13:36.200 --> 02:13:39.800
Luckily as the World Health Organization director stated


2597
02:13:39.800 --> 02:13:42.200
yesterday the end of the pandemic is in sight


2598
02:13:42.200 --> 02:13:45.500
recognizing the advances in science and how


2599
02:13:45.500 --> 02:13:48.400
much is changed over the past two years about our


2600
02:13:48.400 --> 02:13:51.100
understanding of covid-19. I align our comments to


2601
02:13:51.100 --> 02:13:54.400
those already presented by my colleagues in the business Community


2602
02:13:54.400 --> 02:13:56.600
specifically the California Chamber of Commerce.


2603
02:13:57.500 --> 02:14:00.300
We joined written comments submitted to the board. So


2604
02:14:00.300 --> 02:14:04.500
in the interest of time, I just want to underscore our primary concerns


2605
02:14:03.500 --> 02:14:07.200
first the confusing


2606
02:14:06.200 --> 02:14:09.600
a change in definition regarding close contact.


2607
02:14:09.600 --> 02:14:12.100
This has created a lot


2608
02:14:12.100 --> 02:14:15.400
of confusion for our members for our employees for our guests for


2609
02:14:15.400 --> 02:14:18.600
employers. So we ask that work is


2610
02:14:18.600 --> 02:14:21.600
done with cdph to restore the previous definition.


2611
02:14:21.600 --> 02:14:24.600
We would also appreciate aligning to


2612
02:14:24.600 --> 02:14:28.500
pending legislation AB 2693


2613
02:14:27.500 --> 02:14:31.300
is relates to notification. Our members


2614
02:14:30.300 --> 02:14:34.100
like many other employers are dedicating significant


2615
02:14:33.100 --> 02:14:36.700
time and resources to documentation and


2616
02:14:36.700 --> 02:14:39.800
contact tracing this conflicts with


2617
02:14:39.800 --> 02:14:42.500
cdph and CDC guidance. And as


2618
02:14:42.500 --> 02:14:45.300
others have already stated it's ineffective and stopping


2619
02:14:45.300 --> 02:14:48.200
the spread of the disease. So if the board chooses to


2620
02:14:48.200 --> 02:14:51.200
extend covid workplace regulations, we hope


2621
02:14:51.200 --> 02:14:54.200
that the changes outlined in our written comments are made.


2622
02:14:54.200 --> 02:14:56.000
Thank you for the opportunity to comment.


2623
02:14:56.800 --> 02:14:57.200
Thank you.


2624
02:14:59.100 --> 02:15:00.400
Maya who do we have next?


2625
02:15:01.400 --> 02:15:05.000
Up. Next is Eddie Sanchez with the Southern California Coalition


2626
02:15:04.200 --> 02:15:06.700
for occupational safety and health.


2627
02:15:08.700 --> 02:15:09.100
Eddie can you hear us?


2628
02:15:11.400 --> 02:15:14.400
Yes, thank you the ground. Tell everyone I want


2629
02:15:14.400 --> 02:15:17.800
to thank the board staff for your hard work on this and considering


2630
02:15:17.800 --> 02:15:20.700
a comments today. My name is Eddie Sanchez with the


2631
02:15:20.700 --> 02:15:23.400
Southern California Coalition for occupational safety and health or


2632
02:15:23.400 --> 02:15:26.400
so called kosher short are organization is


2633
02:15:26.400 --> 02:15:29.800
found founded on the principle that workplace steps injuries our


2634
02:15:29.800 --> 02:15:32.500
preventable and we work to undo those


2635
02:15:32.500 --> 02:15:35.300
workplace deaths and injuries who causes of


2636
02:15:35.300 --> 02:15:38.300
those deaths and injuries in the workplace. You slow


2637
02:15:38.300 --> 02:15:39.300
down just a little bit.


2638
02:15:40.200 --> 02:15:41.500
Slow down. Yeah. Gracias.


2639
02:15:42.500 --> 02:15:45.400
Absolutely, and and also reflected on your suggestion today


2640
02:15:45.400 --> 02:15:48.200
to avoid repeat comments. I'll try


2641
02:15:48.200 --> 02:15:51.300
to keep it brief and not repeat too much but I am here to advocate for


2642
02:15:51.300 --> 02:15:52.200
the inclusion of


2643
02:15:53.400 --> 02:15:56.300
Excuse me, the inclusion of exclusion pay


2644
02:15:56.300 --> 02:16:01.100
that was like a weird way to say for the


2645
02:16:00.100 --> 02:16:03.200
non-emergency standard. We know that's


2646
02:16:03.200 --> 02:16:06.500
very important to everyone here today. Just wanted to Echo that so not


2647
02:16:06.500 --> 02:16:09.100
to repeat too much. I did want to address comments are


2648
02:16:09.100 --> 02:16:12.400
made earlier regarding the reduction in Fatality and hospitalization and


2649
02:16:12.400 --> 02:16:15.300
the lack of data. I want to point out that there's research on a similar


2650
02:16:15.300 --> 02:16:19.100
respiratory disease the 2003 SARS which


2651
02:16:18.100 --> 02:16:21.500
showed long lasting physiological impacts on


2652
02:16:21.500 --> 02:16:25.000
the respiratory disease of survivors the research


2653
02:16:24.700 --> 02:16:27.500
use the six minute walk tests. I


2654
02:16:27.500 --> 02:16:31.500
showed that they were physical impairments years after infection or


2655
02:16:30.500 --> 02:16:33.700
shocking in this research was findings


2656
02:16:33.700 --> 02:16:37.200
that showed that folks who are infected also suffered from depression


2657
02:16:36.200 --> 02:16:39.900
most traumatic stress disorders and anxiety


2658
02:16:39.900 --> 02:16:42.800
requiring psychiatric support and here


2659
02:16:42.800 --> 02:16:46.400
now folks our experiencing physiological challenges


2660
02:16:45.400 --> 02:16:48.200
from covid that originated back in


2661
02:16:48.200 --> 02:16:49.400
2020 years ago.


2662
02:16:50.300 --> 02:16:53.600
and I feel like everyone here knows someone with a experience story or


2663
02:16:53.600 --> 02:16:56.300
an example of what's being called long covid regardless of


2664
02:16:56.300 --> 02:16:59.100
vaccination or boosting all that to say


2665
02:16:59.100 --> 02:17:02.800
is that the real and impacts of covid are still being understood and the


2666
02:17:02.800 --> 02:17:03.300
data shows that


2667
02:17:05.100 --> 02:17:08.100
and we need to address the root cause we need vital controls to


2668
02:17:08.100 --> 02:17:11.300
protect workers from covid like ventilation exclusion plate and then


2669
02:17:11.300 --> 02:17:14.500
some we should all try. We should try all reasonable and


2670
02:17:14.500 --> 02:17:18.400
possible measures to protect. Our loved ones families and communities separately.


2671
02:17:17.400 --> 02:17:21.500
I also want to thank and Echo,


2672
02:17:21.500 --> 02:17:25.000
Mr. Stephen Knight's comments earlier on the need for an indoor heat


2673
02:17:24.300 --> 02:17:27.400
standard, and lastly. I just want to thank you again board


2674
02:17:27.400 --> 02:17:30.100
staff on division for your time and consideration on


2675
02:17:30.100 --> 02:17:33.400
this effort. We know you'll make the best decision to protect workers


2676
02:17:33.400 --> 02:17:36.900
and working class families. I'm happy to send over the reference research over


2677
02:17:36.900 --> 02:17:38.100
to you anytime. Gracias.


2678
02:17:39.200 --> 02:17:39.400
Thank you.


2679
02:17:41.100 --> 02:17:42.500
Hi, who do we have up next?


2680
02:17:43.500 --> 02:17:46.600
Up. Next is Jane Thomas with California Nurses Association.


2681
02:17:47.900 --> 02:17:48.900
Jane can you hear us?


2682
02:17:52.800 --> 02:17:55.000
Hello, Jane. ¿Puedes escucharme?


2683
02:17:55.900 --> 02:17:58.300
Yeah, you might want to turn your volume up a


2684
02:17:58.300 --> 02:17:58.300
little.


2685
02:17:59.300 --> 02:18:01.300
Is that better a little bit? Yeah, go ahead.


2686
02:18:02.300 --> 02:18:05.200
Okay. Thank you so much Jane Thomas.


2687
02:18:05.200 --> 02:18:08.200
I'm at the California Nurses Association. I would like


2688
02:18:08.200 --> 02:18:11.500
to express CNAs support for the need for an


2689
02:18:11.500 --> 02:18:14.400
ongoing or permanent covid regulation in order


2690
02:18:14.400 --> 02:18:17.300
to protect California's workers from the Coronavirus.


2691
02:18:18.800 --> 02:18:21.500
However, as noted in the Coalition letter submitted


2692
02:18:21.500 --> 02:18:24.200
to the board the deletion of exclusion pay is


2693
02:18:24.200 --> 02:18:27.500
extremely problematic and harmful and we strongly encourage


2694
02:18:27.500 --> 02:18:30.300
the board to include exclusion pay in the


2695
02:18:30.300 --> 02:18:33.300
non-emergency covid regulation. I think it's important


2696
02:18:33.300 --> 02:18:36.800
to point out that the covid pandemic is not over the


2697
02:18:36.800 --> 02:18:39.900
virus is still spreading at high levels reinfections are


2698
02:18:39.900 --> 02:18:42.700
occurring more and more often and people continue


2699
02:18:42.700 --> 02:18:44.200
to die each day from covid.


2700
02:18:44.900 --> 02:18:48.300
And in August the


2701
02:18:47.300 --> 02:18:50.700
CDC rolled back, it's isolation and


2702
02:18:50.700 --> 02:18:53.700
quarantine guidance allowing people who could be infected not


2703
02:18:53.700 --> 02:18:56.900
to quarantine and people who are still infectious


2704
02:18:56.900 --> 02:18:58.200
to leave isolation early.


2705
02:18:59.800 --> 02:19:02.200
Is amongst others weakened Public Health


2706
02:19:02.200 --> 02:19:05.500
measures mean that California's workers are still at risk of covid


2707
02:19:05.500 --> 02:19:06.500
exposure in the workplace.


2708
02:19:07.300 --> 02:19:10.000
And while the covid vaccines reduce the risk of


2709
02:19:10.400 --> 02:19:13.100
severe infection and death and of course CNA encourages anyone who


2710
02:19:13.100 --> 02:19:16.400
can to be vaccinated the data indicates that vaccines do


2711
02:19:16.400 --> 02:19:20.000
not effectively prevent infection or prevent long covid. And


2712
02:19:19.200 --> 02:19:22.600
I think this threat of long covid is one that the


2713
02:19:22.600 --> 02:19:26.000
board should take seriously when you're considering and crafting


2714
02:19:25.500 --> 02:19:28.600
occupational safety and health regulations. There are


2715
02:19:28.600 --> 02:19:31.300
dozens and dozens of studies that have confirmed that


2716
02:19:31.300 --> 02:19:34.200
long covid post. This is a serious threat


2717
02:19:34.200 --> 02:19:37.600
to public and worker Health from higher rates of cardiovascular disease


2718
02:19:37.600 --> 02:19:40.600
to Nuance that diabetes lung disease cognitive


2719
02:19:40.600 --> 02:19:43.300
decline and damage to almost every organ system.


2720
02:19:44.200 --> 02:19:47.700
Currently long covid is estimated to be keeping two to


2721
02:19:47.700 --> 02:19:50.600
four million workers in the US out of work and many


2722
02:19:50.600 --> 02:19:53.200
many more than that have reduced their work hours


2723
02:19:53.200 --> 02:19:56.000
and experienced disruptions in their home and other activities.


2724
02:19:56.900 --> 02:19:59.700
And the the risk of long covid


2725
02:19:59.700 --> 02:20:03.500
increases with each re-infection and ultimately


2726
02:20:02.500 --> 02:20:05.500
the only way to prevent covid is


2727
02:20:05.500 --> 02:20:08.400
to prevent infection. And so it's for these reasons that we urge


2728
02:20:08.400 --> 02:20:11.400
the boards to recognize the importance of a permanent standard to


2729
02:20:11.400 --> 02:20:14.600
protect California workers from covid and that we join our


2730
02:20:14.600 --> 02:20:17.300
colleagues who have argued for the importance of exclusion pay


2731
02:20:17.300 --> 02:20:20.000
protections to ensure that workers are not forced to


2732
02:20:20.200 --> 02:20:23.100
make the impossible choice of going to work while sick or staying home without pay


2733
02:20:23.800 --> 02:20:26.300
And I think it's also important to point out that we've learned Time


2734
02:20:26.300 --> 02:20:29.400
and Time and Time Again throughout this pandemic that this


2735
02:20:29.400 --> 02:20:32.500
virus spreads rapidly whenever those employees. Can


2736
02:20:32.500 --> 02:20:33.200
you wrap up? Gracias.


2737
02:20:34.400 --> 02:20:37.400
Yes, and that staying home when sick


2738
02:20:37.400 --> 02:20:40.200
is an essential part of keeping workers and the public safe during this


2739
02:20:40.200 --> 02:20:43.100
pandemic in combination with other measures that would be


2740
02:20:43.100 --> 02:20:46.600
required by this standard wearing masks or respirators


2741
02:20:46.600 --> 02:20:49.900
getting vaccinated improving ventilation conducting contact tracing Etc.


2742
02:20:49.900 --> 02:20:52.500
So as a result, that's why we strongly encourage


2743
02:20:52.500 --> 02:20:54.700
the board to retain exclusion pay as part of this.


2744
02:20:55.400 --> 02:20:58.000
That's regulation. Muchas gracias. Gracias.


2745
02:20:59.900 --> 02:21:01.900
Maya who do we have next?


2746
02:21:03.400 --> 02:21:06.600
Up. Next is Matt Sutton with California Restaurant Association.


2747
02:21:08.200 --> 02:21:09.300
Matt can you hear us?


2748
02:21:10.300 --> 02:21:14.100
Yes, thank you. Chair Thomas and board members Matt Sutton


2749
02:21:13.100 --> 02:21:17.100
the California Restaurant Association. I will


2750
02:21:16.100 --> 02:21:19.300
just keep it brief. I do appreciate


2751
02:21:19.300 --> 02:21:22.000
all your work on this the restaurant community of course has been


2752
02:21:22.400 --> 02:21:25.300
at the front line of protecting our employees from day


2753
02:21:25.300 --> 02:21:28.300
one of the pandemic we were probably the first


2754
02:21:28.300 --> 02:21:31.200
to be shut and that remained the case


2755
02:21:31.200 --> 02:21:34.800
in a number of counties for up to eight months in some


2756
02:21:34.800 --> 02:21:37.200
cases. We fought tooth and


2757
02:21:37.200 --> 02:21:40.900
nail to make sure that our Workforce was in the front of the line after other


2758
02:21:40.900 --> 02:21:43.400
First Responders for vaccine protections and


2759
02:21:43.400 --> 02:21:46.800
other PPE efforts as well on this


2760
02:21:46.800 --> 02:21:49.100
regulation or proposed standard.


2761
02:21:49.900 --> 02:21:52.400
We do share. We have really struggled with


2762
02:21:52.400 --> 02:21:55.800
the definition of close contact and would


2763
02:21:55.800 --> 02:21:58.200
ask for some clarification there. I know you're hearing that


2764
02:21:58.200 --> 02:22:01.400
theme quite a bit today if it's possible at a


2765
02:22:01.400 --> 02:22:04.500
minimum to do that in the faq's further, that would


2766
02:22:04.500 --> 02:22:07.600
be fantastic. It's just incredibly hard to comply


2767
02:22:07.600 --> 02:22:10.500
with and understand the other issue with


2768
02:22:10.500 --> 02:22:14.100
regard to record-keeping for close contacts,


2769
02:22:13.100 --> 02:22:16.100
you know requiring that


2770
02:22:16.100 --> 02:22:19.300
for two years to us is beyond questionable, and we wonder


2771
02:22:19.300 --> 02:22:22.800
what protective public health value there is in


2772
02:22:22.800 --> 02:22:25.800
maintaining those records for two years. Hopefully that's


2773
02:22:25.800 --> 02:22:28.200
part of the discussion you have, but we do think


2774
02:22:28.200 --> 02:22:31.700
that's successive the other issue about employers


2775
02:22:31.700 --> 02:22:35.000
reporting covid cases for two years again, as


2776
02:22:34.300 --> 02:22:37.100
you've heard there's pending legislation on the


2777
02:22:37.100 --> 02:22:40.300
governor's desk that would require that


2778
02:22:40.300 --> 02:22:43.400
for one year, and we think you want to align with that and


2779
02:22:43.400 --> 02:22:46.100
not be an outlier and then finally on the


2780
02:22:46.100 --> 02:22:49.100
exclusionary pay definitely appreciate


2781
02:22:49.800 --> 02:22:52.800
The movement there. We think it's appropriate. We


2782
02:22:52.800 --> 02:22:55.600
would also point out that also sitting on the governor's desk


2783
02:22:55.600 --> 02:22:58.300
is a extension of the


2784
02:22:58.300 --> 02:23:01.900
emergency covid paid sick leave which applies for


2785
02:23:01.900 --> 02:23:05.100
the employee as well as the employee's


2786
02:23:04.100 --> 02:23:07.300
people that they care for. So


2787
02:23:07.300 --> 02:23:10.100
we are appreciative of that. We think it's appropriate and we


2788
02:23:10.100 --> 02:23:13.600
think if that bill is signed protections will


2789
02:23:13.600 --> 02:23:16.500
continue to allow the workforce the


2790
02:23:16.500 --> 02:23:19.500
ability to leave when necessary under


2791
02:23:19.500 --> 02:23:22.200
covid conditions. So thank you for that and all of your work on this today.


2792
02:23:23.500 --> 02:23:23.900
Thank you.


2793
02:23:24.900 --> 02:23:26.500
Who do we have next Maya?


2794
02:23:30.800 --> 02:23:33.400
Up. Next is Priya and they don't


2795
02:23:33.400 --> 02:23:33.900
want us to


2796
02:23:34.800 --> 02:23:35.900
list their Association


2797
02:23:36.800 --> 02:23:38.300
Priya can you hear us?


2798
02:23:42.700 --> 02:23:42.900
Oh.


2799
02:23:46.700 --> 02:23:48.200
our six Priya


2800
02:23:53.700 --> 02:23:57.100
next is Tino with voice for Choice advocacy.


2801
02:23:59.700 --> 02:24:02.000
Yes. Hola. ¿Puedes escucharme? Yes go right ahead.


2802
02:24:02.900 --> 02:24:05.300
Perfect. Um, first of all, I'm speaking on my own


2803
02:24:05.300 --> 02:24:08.100
behalf. I am with a voice for Choice advocacy as a


2804
02:24:08.100 --> 02:24:12.300
health rights director, but I have not cleared this with them the CDC


2805
02:24:11.300 --> 02:24:15.000
reversal that took place at


2806
02:24:14.100 --> 02:24:17.400
a heavy emphasis on personal accountability and


2807
02:24:17.400 --> 02:24:20.300
natural immunity and the personal accountability is the


2808
02:24:20.300 --> 02:24:23.700
part that I think we really need to focus on the emergency


2809
02:24:23.700 --> 02:24:26.200
temporary standard is all the way through the end of the year.


2810
02:24:26.200 --> 02:24:29.200
Everything is fluid and the fact that you're trying


2811
02:24:29.200 --> 02:24:33.300
to establish a standard non-emergency standard.


2812
02:24:32.300 --> 02:24:35.400
I understand the logic behind it, but


2813
02:24:35.400 --> 02:24:38.400
in in regards to the reversal the 180


2814
02:24:38.400 --> 02:24:41.900
from the CDC and and many loosening of guidelines along


2815
02:24:41.900 --> 02:24:44.200
with the fact that you have the ability to


2816
02:24:44.200 --> 02:24:47.500
put together an emergency meeting at any point businesses are already


2817
02:24:47.500 --> 02:24:50.100
very used to


2818
02:24:50.100 --> 02:24:53.300
the type of guidelines. So implementing them will be a very easy


2819
02:24:53.300 --> 02:24:56.100
transition. You know, I just don't see the need for


2820
02:24:56.100 --> 02:25:01.600
it beyond that in regard to math June 2021.


2821
02:25:00.600 --> 02:25:02.500
You had a meeting Eric.


2822
02:25:02.800 --> 02:25:05.500
Berg specifically talked about masks being


2823
02:25:05.500 --> 02:25:09.300
ineffective against aerosols and I've


2824
02:25:08.300 --> 02:25:12.600
listened to several Court approved PPE


2825
02:25:11.600 --> 02:25:14.400
experts including Stephen Petty who


2826
02:25:14.400 --> 02:25:17.800
has sat in on most Monsanto cases and he


2827
02:25:17.800 --> 02:25:20.100
talked about the fact that aerosols are the


2828
02:25:20.100 --> 02:25:23.500
main source of transmission The Masks only stopped


2829
02:25:23.500 --> 02:25:26.300
big droplets those big droplets according to him


2830
02:25:26.300 --> 02:25:29.200
do not carry the same risk as the small


2831
02:25:29.200 --> 02:25:32.800
aerosols and it's not even close and that OSHA is


2832
02:25:32.800 --> 02:25:35.300
in fact going against OSHA guidelines


2833
02:25:35.300 --> 02:25:38.200
when it comes to masks and PPE given the


2834
02:25:38.200 --> 02:25:42.200
fact that masks are not PPE and so II don't


2835
02:25:41.200 --> 02:25:44.900
want I'm not doing this to embarrass you Chair Thomas,


2836
02:25:44.900 --> 02:25:47.700
but in the meeting you


2837
02:25:47.700 --> 02:25:50.400
were actually wearing the mask improperly and


2838
02:25:50.400 --> 02:25:53.200
and that's just because you're human and you're doing what


2839
02:25:53.200 --> 02:25:57.000
everybody else in the workforce is doing you're talking you're you're moving


2840
02:25:56.200 --> 02:25:59.100
you're doing different things and you are adjusting the front of


2841
02:25:59.100 --> 02:26:02.400
your mask. Ahora. I want you to imagine a worker in a


2842
02:26:02.400 --> 02:26:02.700
hot kitchen.


2843
02:26:03.100 --> 02:26:06.500
Or a server handling food dirt, all these


2844
02:26:06.500 --> 02:26:10.200
different things consistently tugging on that mask. Those masks


2845
02:26:09.200 --> 02:26:12.700
have the ability to accumulate different


2846
02:26:12.700 --> 02:26:15.800
types of pathogens bacteria fungi, and


2847
02:26:15.800 --> 02:26:18.300
it can lead to different health risks that are


2848
02:26:18.300 --> 02:26:22.000
very similar with symptoms as covid-19 and


2849
02:26:21.200 --> 02:26:24.600
we have not been leaning on studies


2850
02:26:24.600 --> 02:26:27.500
that have a focus with improper mask usage,


2851
02:26:27.500 --> 02:26:30.600
which the entire public has been


2852
02:26:30.600 --> 02:26:33.500
wearing them. Two minutes caller. Please wrap up


2853
02:26:33.500 --> 02:26:34.200
your comments. Thanks.


2854
02:26:35.100 --> 02:26:39.000
Thank you very much. Yes, lastly I want to say with the n95 masks.


2855
02:26:38.600 --> 02:26:41.700
Those have much more Effectiveness. Okay,


2856
02:26:41.700 --> 02:26:45.200
however, they require bit


2857
02:26:44.200 --> 02:26:47.100
testing and medical clearance. And


2858
02:26:47.100 --> 02:26:50.200
that's why I'm guessing that businesses have not


2859
02:26:50.200 --> 02:26:53.000
been mandating those masks and that workers have been


2860
02:26:53.700 --> 02:26:56.200
voluntarily using them because of those guidelines. So I


2861
02:26:56.200 --> 02:26:59.300
just really want you to think about that as we move to the winter with these


2862
02:26:59.300 --> 02:27:02.400
mask recommendations that are going to resurface about


2863
02:27:02.400 --> 02:27:06.200
improper mask usage and the risks Associated to


2864
02:27:05.200 --> 02:27:08.000
that. Thank you for your time and your efforts.


2865
02:27:08.700 --> 02:27:09.100
Thank you.


2866
02:27:09.900 --> 02:27:13.200
And I'm doing embarrassed. All right,


2867
02:27:13.200 --> 02:27:14.400
who's up next?


2868
02:27:17.100 --> 02:27:17.800
Up. Next is


2869
02:27:18.700 --> 02:27:21.500
Ty and Tucker with AFA CWA


2870
02:27:23.300 --> 02:27:26.100
I am can you hear us? I go ahead. Hola.


2871
02:27:26.100 --> 02:27:30.000
Yes. I just like to Echo Jane's


2872
02:27:29.300 --> 02:27:33.900
comments regarding the include


2873
02:27:32.900 --> 02:27:36.900
exclusion pay because


2874
02:27:36.900 --> 02:27:39.300
of we're flight attendants and our environments are


2875
02:27:39.300 --> 02:27:40.200
very


2876
02:27:42.900 --> 02:27:45.300
Well, you all fly. ¿Sabes que? It's like there


2877
02:27:45.300 --> 02:27:48.400
is no six foot. There's no plastic Shields. There's


2878
02:27:48.400 --> 02:27:51.400
there's none of that. The only thing that kept us between


2879
02:27:51.400 --> 02:27:54.500
covid was was a


2880
02:27:54.500 --> 02:27:57.900
mask, and we were we had an


2881
02:27:57.900 --> 02:28:00.500
extraordinary number of people affected with


2882
02:28:00.500 --> 02:28:03.600
covid and are still suffering the Long


2883
02:28:03.600 --> 02:28:06.800
Haul side effects. So, I would


2884
02:28:06.800 --> 02:28:09.700
just encourage as you are deliberating that


2885
02:28:09.700 --> 02:28:12.300
you reconsider this and possibly leave


2886
02:28:12.300 --> 02:28:15.200
it in place for at least a year and then


2887
02:28:15.200 --> 02:28:18.400
reevaluated at that time. And again, thank


2888
02:28:18.400 --> 02:28:21.600
you for all of your efforts and we hope


2889
02:28:21.600 --> 02:28:23.600
we'll see you in the friendly Skies sometime.


2890
02:28:24.700 --> 02:28:25.100
Thank you.


2891
02:28:27.300 --> 02:28:30.200
next caller Amaya Kelly kick with


2892
02:28:30.200 --> 02:28:31.700
grocery worker


2893
02:28:32.700 --> 02:28:34.000
Ellie can you hear us?


2894
02:28:37.300 --> 02:28:40.000
Here, so, hey Kelly, go ahead.


2895
02:28:40.900 --> 02:28:43.400
Hey, thank you for taking the time to hear about today.


2896
02:28:43.400 --> 02:28:46.500
My name is Kelly kick. I am a grocery worker


2897
02:28:46.500 --> 02:28:47.600
a proud member of the


2898
02:28:48.100 --> 02:28:52.100
United Commercial Workers. I am here to pay you


2899
02:28:52.100 --> 02:28:55.400
back everybody's comments to please keep exclusion pay


2900
02:28:55.400 --> 02:28:58.700
in place as a grocery worker one


2901
02:28:58.700 --> 02:29:01.700
in five of us contracted the virus during the


2902
02:29:01.700 --> 02:29:04.200
last two and a half years. We've been through a


2903
02:29:04.200 --> 02:29:07.900
lot and having to make the choice between paying our


2904
02:29:07.900 --> 02:29:11.100
bills or staying home or


2905
02:29:10.100 --> 02:29:13.400
possibly going to work and infecting. Our


2906
02:29:13.400 --> 02:29:16.500
coworkers is just not really feasible options. So


2907
02:29:16.500 --> 02:29:17.500
I'm here to


2908
02:29:18.800 --> 02:29:21.700
Implore you to please keep exclusion


2909
02:29:21.700 --> 02:29:23.400
pay. Gracias por tu tiempo.


2910
02:29:24.500 --> 02:29:24.900
Thank you.


2911
02:29:26.100 --> 02:29:27.100
next Maya


2912
02:29:28.400 --> 02:29:31.400
Up. Next is Janine Parra representing herself


2913
02:29:31.400 --> 02:29:32.500
as a health practitioner.


2914
02:29:33.500 --> 02:29:34.600
Can you hear us?


2915
02:29:40.000 --> 02:29:40.400
Hey.


2916
02:29:43.600 --> 02:29:46.400
I hear something is are


2917
02:29:46.400 --> 02:29:47.300
you on the line Janine?


2918
02:29:52.200 --> 02:29:53.500
Yes not I think we lost it.


2919
02:29:54.100 --> 02:29:55.900
Do we have any more colors Maya?


2920
02:29:57.500 --> 02:30:00.700
Um, if you'd like I can go back to those that missed their name.


2921
02:30:00.700 --> 02:30:02.400
Yes, and there's any


2922
02:30:03.800 --> 02:30:06.200
and I know we have a couple out here in the audience. So


2923
02:30:06.200 --> 02:30:07.200
we'll get you guys.


2924
02:30:08.100 --> 02:30:10.800
Sarah Leighton with E and B natural resources


2925
02:30:12.800 --> 02:30:13.400
What was the name?


2926
02:30:14.200 --> 02:30:16.500
Sarah Layton Sarah are you there?


2927
02:30:20.900 --> 02:30:22.600
Not there. Who else you got?


2928
02:30:23.600 --> 02:30:27.700
Samantha Webster was Safeway employee and UFC W5


2929
02:30:26.700 --> 02:30:29.400
member Sarah Webster.


2930
02:30:30.100 --> 02:30:31.400
I'm sorry, Samantha Webster.


2931
02:30:32.800 --> 02:30:33.300
Samantha can you hear us?


2932
02:30:34.900 --> 02:30:37.200
Yes, can you hear me? Yes go right ahead.


2933
02:30:39.300 --> 02:30:39.800
Perfect. Gracias.


2934
02:30:41.100 --> 02:30:41.200
Keep it.


2935
02:30:41.900 --> 02:30:44.300
She brief, I'm Samantha Webster. I am


2936
02:30:44.300 --> 02:30:47.000
a grocery worker for Safeway. And I just want to


2937
02:30:47.300 --> 02:30:50.500
say that it is important that we keep


2938
02:30:50.500 --> 02:30:51.000
the


2939
02:30:52.900 --> 02:30:55.700
non-emergency pay exclusion pay because


2940
02:30:57.100 --> 02:31:00.500
I am someone who call covid my whole household called covid. I


2941
02:31:00.500 --> 02:31:03.400
am Batman along with everyone in my house except for


2942
02:31:03.400 --> 02:31:06.200
my four year old son and we were


2943
02:31:06.200 --> 02:31:10.100
quarantined for almost 14 days because my


2944
02:31:09.100 --> 02:31:12.800
son was not allowed to return to preschool because


2945
02:31:12.800 --> 02:31:15.300
he was still testing negative. And so that


2946
02:31:15.300 --> 02:31:18.800
means that was more time for me away from work. And


2947
02:31:18.800 --> 02:31:21.700
if I don't have this pay that time that


2948
02:31:21.700 --> 02:31:25.000
I was away counts against the time and hours


2949
02:31:24.100 --> 02:31:27.300
that I put in for work which affects my


2950
02:31:27.300 --> 02:31:31.200
medical benefits and if that happens and we


2951
02:31:31.200 --> 02:31:34.600
go to the doctor that is more bills that we've accumulated


2952
02:31:34.600 --> 02:31:37.300
that we're not covered for so I'm just asking that


2953
02:31:37.300 --> 02:31:40.600
we keep please keep it in place because we


2954
02:31:40.600 --> 02:31:43.700
needed covid has not gone away regardless we're vaccinated


2955
02:31:43.700 --> 02:31:46.500
or not covid is here. It's here to stay we cannot


2956
02:31:46.500 --> 02:31:49.800
get rid of it. So we can't punish our essential workers


2957
02:31:49.800 --> 02:31:52.100
by taking it away. We're expected to do


2958
02:31:52.100 --> 02:31:56.100
the same job prepandemic during pandemic post


2959
02:31:55.100 --> 02:31:56.600
pandemic.


2960
02:31:57.100 --> 02:32:00.200
We just need what we need to be safe for


2961
02:32:00.200 --> 02:32:02.200
us in our family. Gracias.


2962
02:32:05.600 --> 02:32:06.800
the other colors Maya


2963
02:32:08.200 --> 02:32:12.100
Matt Bell was secretary treasurer UFCW 324


2964
02:32:13.400 --> 02:32:13.600
Matt Bell


2965
02:32:14.700 --> 02:32:17.300
at are you there? I think we already heard from that, but


2966
02:32:17.300 --> 02:32:18.000
I'm not sure.


2967
02:32:20.100 --> 02:32:20.900
battery there


2968
02:32:24.300 --> 02:32:24.800
anyone else


2969
02:32:26.800 --> 02:32:29.100
Terrence I don't see any affiliation


2970
02:32:30.500 --> 02:32:31.500
Parents. Are you there?


2971
02:32:35.700 --> 02:32:36.000
All right.


2972
02:32:38.600 --> 02:32:41.600
buddy else Deneen para representing herself as


2973
02:32:41.600 --> 02:32:42.500
a health practitioner


2974
02:32:46.300 --> 02:32:47.300
Janine Para


2975
02:32:53.300 --> 02:32:56.900
Okay, I think we're done with the calls. So at


2976
02:32:56.900 --> 02:32:59.100
this time if there's anybody here that would like to speak to


2977
02:32:59.100 --> 02:33:01.000
covid-19, please.


2978
02:33:03.700 --> 02:33:06.200
Application name. Yeah, good


2979
02:33:06.200 --> 02:33:09.500
evening chair Thomas. My name is Ken Smith. I'm the executive director for


2980
02:33:09.500 --> 02:33:11.800
environmental health and safety with the University of California.


2981
02:33:12.900 --> 02:33:13.100
and


2982
02:33:14.300 --> 02:33:17.300
let me just cover two points. We've given our written comments


2983
02:33:17.300 --> 02:33:19.300
yesterday to the board looking at that.


2984
02:33:21.300 --> 02:33:25.100
And into the board stuff, but let me let me let me just cover two points


2985
02:33:24.100 --> 02:33:28.600
that haven't been mentioned previously. The


2986
02:33:27.600 --> 02:33:30.500
the first point is the point


2987
02:33:30.500 --> 02:33:35.700
about the requirement for employers to conduct case


2988
02:33:34.700 --> 02:33:38.100
notifications and contact tracing you've


2989
02:33:37.100 --> 02:33:40.700
heard a number of arguments against that and the


2990
02:33:40.700 --> 02:33:43.200
the owner is requirements that it's still imposes


2991
02:33:43.200 --> 02:33:48.500
upon employers, but what you haven't heard is two things one that that


2992
02:33:47.500 --> 02:33:50.200
currently the state legislature as


2993
02:33:50.200 --> 02:33:53.300
you do know has a bill that


2994
02:33:53.300 --> 02:33:56.200
is on the governor's desk that removes that requirement to make


2995
02:33:56.200 --> 02:33:59.500
the notification within 24 hours and simplifies the


2996
02:33:59.500 --> 02:34:01.200
requirement to simple posting.


2997
02:34:01.900 --> 02:34:04.300
Secondly, though even the


2998
02:34:04.300 --> 02:34:08.100
California Department of Public Health in a correspondence earlier


2999
02:34:07.100 --> 02:34:10.400
in this year to the local public


3000
02:34:10.400 --> 02:34:13.600
health agencies indicated that they should be deep


3001
02:34:13.600 --> 02:34:16.900
prioritizing the need for case for


3002
02:34:16.900 --> 02:34:19.600
contact tracing even among those agencies. And


3003
02:34:19.600 --> 02:34:22.300
so if it's not a priority to our government agency


3004
02:34:22.300 --> 02:34:25.400
that is supposed to be performing contact tracing. Why does


3005
02:34:25.400 --> 02:34:28.700
Kelly should continue to make it a priority for employers to perform. So


3006
02:34:28.700 --> 02:34:31.400
I encourage looking at our comments in there to get a reference to


3007
02:34:31.400 --> 02:34:31.900
that letter.


3008
02:34:32.700 --> 02:34:36.300
Last but not least in here the requirement


3009
02:34:35.300 --> 02:34:38.100
for ventilation. One thing that


3010
02:34:38.100 --> 02:34:41.500
hasn't been mentioned is that there is a very specific reading in the proposed


3011
02:34:41.500 --> 02:34:44.500
regulation that requires that outside air


3012
02:34:44.500 --> 02:34:47.500
be set to the maximum feasible, but


3013
02:34:47.500 --> 02:34:50.200
it only provides two exceptions those two exceptions are


3014
02:34:50.200 --> 02:34:53.700
inclement weather and air quality index. But


3015
02:34:53.700 --> 02:34:56.500
as you do know California over the past couple of weeks has had


3016
02:34:56.500 --> 02:34:59.800
a number of power outages and brown


3017
02:34:59.800 --> 02:35:02.400
edges during Flex alerts, and there's not an inclusion


3018
02:35:02.400 --> 02:35:06.100
in there for an employer to reduce the outside ventilation that


3019
02:35:05.100 --> 02:35:09.400
is more conservative and Power in in


3020
02:35:09.400 --> 02:35:12.400
the standard and so we are asking that they include in


3021
02:35:12.400 --> 02:35:16.100
their requirement or an exclusion exception during during


3022
02:35:15.100 --> 02:35:18.900
Flex alerts that were able to reduce the


3023
02:35:18.900 --> 02:35:21.300
amount of outside air, and that concludes my


3024
02:35:21.300 --> 02:35:22.700
common. Gracias. Gracias.


3025
02:35:25.200 --> 02:35:25.600
heaven


3026
02:35:27.300 --> 02:35:31.500
ask but not least certainly not good afternoon


3027
02:35:31.500 --> 02:35:35.500
Chair Thomas board members division staff


3028
02:35:35.500 --> 02:35:39.100
board staff Kevin Bland


3029
02:35:38.100 --> 02:35:41.800
representing the Residential Contractors Association


3030
02:35:41.800 --> 02:35:45.000
and the California Framing


3031
02:35:44.600 --> 02:35:47.900
Contractors Association in the Western Steel Council.


3032
02:35:48.500 --> 02:35:51.900
I'll be brief. I'll incorporate by reference


3033
02:35:51.900 --> 02:35:56.300
Mr. Moultrie's, Mr. Wicks, Ms.


3034
02:35:54.300 --> 02:35:58.300
Cleary's, Mr. Summers.


3035
02:35:57.300 --> 02:36:00.200
The guy that spoke


3036
02:36:00.200 --> 02:36:03.600
for AGC and Mr. Miller and Mr. Little


3037
02:36:03.600 --> 02:36:06.000
so I won't repeat those. I just going to


3038
02:36:06.500 --> 02:36:09.900
emphasize a couple one is from our association standpoint.


3039
02:36:09.900 --> 02:36:13.300
We oppose this


3040
02:36:12.300 --> 02:36:15.800
moving forward as a permanent regulation.


3041
02:36:16.600 --> 02:36:20.100
We believe that the iiptp is


3042
02:36:19.100 --> 02:36:23.800
a great tool for effective


3043
02:36:22.800 --> 02:36:25.300
workplace Hazard. It's been


3044
02:36:25.300 --> 02:36:28.900
proven I kind of said this with I think at the very beginning of the pandemic where


3045
02:36:28.900 --> 02:36:31.200
we should have been so proud that we were the only state that had


3046
02:36:31.200 --> 02:36:35.500
an IPP that could nimbly go and


3047
02:36:34.500 --> 02:36:37.600
assess the individual workplace hazards


3048
02:36:37.600 --> 02:36:40.300
as it relates to covid. I still believe that


3049
02:36:40.300 --> 02:36:43.400
we do know that it's enforceable. There's a case


3050
02:36:43.400 --> 02:36:46.600
that just came down judge Turnin ruled on


3051
02:36:46.600 --> 02:36:50.100
on the IPP being enforceable for


3052
02:36:49.100 --> 02:36:52.000
covid. It's the BSF.


3053
02:36:53.800 --> 02:36:56.600
Fitness case inspection number 14877


3054
02:36:57.500 --> 02:36:58.300
41


3055
02:36:59.500 --> 02:37:02.000
so I encourage you guys to look at


3056
02:37:02.200 --> 02:37:05.300
that and see that it is enforceable. They every single


3057
02:37:05.300 --> 02:37:08.300
citation in that there was a list of them on the


3058
02:37:08.300 --> 02:37:11.400
IPP that we're enforced. And so I still believe that's


3059
02:37:11.400 --> 02:37:14.300
a great vehicle and especially now and we've


3060
02:37:14.300 --> 02:37:17.800
seen how how things have changed, you know over over time. Every


3061
02:37:17.800 --> 02:37:20.000
time we pass one something changes the next


3062
02:37:20.300 --> 02:37:23.000
day and we kind of are still there. It's kind of


3063
02:37:23.200 --> 02:37:26.200
a little dangerous today. Also, we've


3064
02:37:26.200 --> 02:37:29.500
we've heard that based on paraphrasing but


3065
02:37:29.500 --> 02:37:32.200
if we don't do this California's gonna break off


3066
02:37:32.200 --> 02:37:35.400
into the ocean and obviously that's a paraphrase


3067
02:37:35.400 --> 02:37:38.100
but that's not that's not the case.


3068
02:37:38.100 --> 02:37:41.100
We have regulations that are


3069
02:37:41.100 --> 02:37:45.100
enforceable in that Arena. Another thing that if you do move forward


3070
02:37:44.100 --> 02:37:48.100
with this, I do think


3071
02:37:47.100 --> 02:37:50.300
it could be a non substantive change


3072
02:37:50.300 --> 02:37:53.700
that doesn't require a 15-day notice to


3073
02:37:53.700 --> 02:37:56.700
pair up the notice requirements under a


3074
02:37:56.700 --> 02:37:59.400
B. 2683. I


3075
02:37:59.400 --> 02:37:59.400
think.


3076
02:37:59.500 --> 02:38:02.300
Got that that right. That's the one that


3077
02:38:02.300 --> 02:38:05.300
was codified in 6409.1 or something


3078
02:38:05.300 --> 02:38:08.300
like that in the labor code, but the notice requirement that is there


3079
02:38:08.300 --> 02:38:11.400
and then last but not least the exclusion pay


3080
02:38:11.400 --> 02:38:15.300
we know that the legislature looks


3081
02:38:14.300 --> 02:38:17.100
at that has the ability to do that


3082
02:38:17.100 --> 02:38:21.300
should be beyond the the legislature


3083
02:38:20.300 --> 02:38:24.400
to make those decisions regarding pay


3084
02:38:23.400 --> 02:38:26.800
as it relates to this and we


3085
02:38:26.800 --> 02:38:29.400
agree with the proposal in that


3086
02:38:29.400 --> 02:38:32.500
if it does stay that exclusion pay should be


3087
02:38:32.500 --> 02:38:35.000
excluded the kind of use the same


3088
02:38:35.300 --> 02:38:38.700
weird words the other guy said earlier. So anyway, thank


3089
02:38:38.700 --> 02:38:41.200
you for your time. Appreciate it. I'm ready


3090
02:38:41.200 --> 02:38:41.400
for lunch.


3091
02:38:43.300 --> 02:38:45.100
Right. Thank you, Kevin.


3092
02:38:46.300 --> 02:38:48.300
So any other commenters in the room?


3093
02:38:51.200 --> 02:38:55.100
So we thank you for all your comments at this


3094
02:38:55.100 --> 02:38:55.200
time.


3095
02:38:56.700 --> 02:38:59.900
We're going to have Mr. Killip and Mr. Berg brief


3096
02:38:59.900 --> 02:39:02.000
the board. So if you would, thank you.


3097
02:39:07.800 --> 02:39:10.800
Good afternoon.


3098
02:39:12.600 --> 02:39:14.200
Chair Thomas board members


3099
02:39:15.300 --> 02:39:16.600
stakeholders members of public


3100
02:39:17.600 --> 02:39:19.800
Chief Jeff Killip here


3101
02:39:21.700 --> 02:39:24.700
I want to thank everybody over the past two years for protecting.


3102
02:39:25.900 --> 02:39:28.700
Workers from covid-19 over this devastating, you


3103
02:39:28.700 --> 02:39:29.300
know pandemic.


3104
02:39:30.200 --> 02:39:33.200
Covid-19 has been one of the greatest threats to work our health


3105
02:39:33.200 --> 02:39:36.800
and safety since the beginning of the OSHA and


3106
02:39:36.800 --> 02:39:38.000
Cal-OSHA programs.


3107
02:39:39.700 --> 02:39:42.600
In California, the disease is taking nearly 100,000 lives.


3108
02:39:43.800 --> 02:39:45.500
And more than a million across the United States.


3109
02:39:47.900 --> 02:39:50.600
Californians and manual labor and in person service occupations


3110
02:39:51.300 --> 02:39:54.400
experienced disproportionately High Covid-19 rates


3111
02:39:55.400 --> 02:39:59.000
with the highest death rates in male Latino and African-American workers


3112
02:40:00.400 --> 02:40:01.200
United States


3113
02:40:02.500 --> 02:40:05.300
Low, socio-economic position Latino male workers


3114
02:40:05.300 --> 02:40:08.500
were almost 30 times more likely to


3115
02:40:08.500 --> 02:40:11.900
die from Covid than a high socio-economic position


3116
02:40:11.900 --> 02:40:13.500
female worker.


3117
02:40:14.700 --> 02:40:18.300
The covid-19 emergency regulations made a


3118
02:40:17.300 --> 02:40:20.600
vast Improvement in Cal OSHA's


3119
02:40:20.600 --> 02:40:23.800
ability to protect workers, especially in high-risk


3120
02:40:23.800 --> 02:40:27.200
occupations these emergency regulations empowered


3121
02:40:26.200 --> 02:40:30.600
Cal-OSHA to make significant improvements in


3122
02:40:29.600 --> 02:40:32.300
working conditions that were not possible.


3123
02:40:33.800 --> 02:40:36.300
Before using the injury and illness prevention program


3124
02:40:36.300 --> 02:40:37.600
and other General requirements.


3125
02:40:38.400 --> 02:40:41.400
Simply put the general requirements were substantially less


3126
02:40:41.400 --> 02:40:44.100
protective than the emergency regulations.


3127
02:40:45.100 --> 02:40:48.200
As the temporary emergency Covid-19 regulations come to


3128
02:40:48.200 --> 02:40:48.400
an end.


3129
02:40:49.300 --> 02:40:52.800
It's imperative to keep key worker Protections in


3130
02:40:52.800 --> 02:40:55.900
place as Covid-19. And it's emerging


3131
02:40:55.900 --> 02:40:59.200
variance continue to be a serious occupational and


3132
02:40:58.200 --> 02:41:00.200
community hazard.


3133
02:41:01.400 --> 02:41:04.300
Community and occupational transmission cannot be separated.


3134
02:41:05.500 --> 02:41:09.000
And infection in the community can be brought into the workplace as a


3135
02:41:08.000 --> 02:41:09.000
result.


3136
02:41:10.200 --> 02:41:13.400
And result in a workplace outbreak and as we know the opposite is


3137
02:41:13.400 --> 02:41:16.200
true a workplace outbreak can result in


3138
02:41:16.200 --> 02:41:18.800
the spread of disease widely throughout the community.


3139
02:41:20.400 --> 02:41:21.700
making vaccination available


3140
02:41:23.200 --> 02:41:27.600
To all is key to protect many workers lives but vaccination


3141
02:41:26.600 --> 02:41:30.200
by itself does not currently provide


3142
02:41:29.200 --> 02:41:32.600
sufficient High protection against


3143
02:41:32.600 --> 02:41:35.900
transmission or against long covid illness.


3144
02:41:37.500 --> 02:41:40.400
We're hopeful that the new vaccines improve protections, but we


3145
02:41:40.400 --> 02:41:43.800
will still need additional prevention measures to protect


3146
02:41:43.800 --> 02:41:47.300
workers. Especially the most vulnerable and marginalized


3147
02:41:46.300 --> 02:41:47.700
workers.


3148
02:41:48.900 --> 02:41:51.900
The proposed Non-Emergency Covid-19 Regulations are


3149
02:41:51.900 --> 02:41:54.400
not permanent. Most Provisions will


3150
02:41:54.400 --> 02:41:56.300
expire two years after adoption.


3151
02:41:57.800 --> 02:42:00.800
But this time like to pass this


3152
02:42:00.800 --> 02:42:03.300
off to Cal-OSHA Deputy Chief of Health


3153
02:42:03.300 --> 02:42:06.700
Eric Berg who will provide us with a brief overview of


3154
02:42:06.700 --> 02:42:11.100
the protective measures and the covid-19 non-emergency proposal.


3155
02:42:11.900 --> 02:42:12.300
Thank you.


3156
02:42:13.800 --> 02:42:14.200
Eric


3157
02:42:16.300 --> 02:42:16.600
right


3158
02:42:17.900 --> 02:42:20.200
Thank you board Chair Thomas and all Board Members.


3159
02:42:20.800 --> 02:42:22.000
It's okay if I speak from here.


3160
02:42:22.700 --> 02:42:24.000
Okay, it's a minute I guess.


3161
02:42:24.400 --> 02:42:26.100
the non


3162
02:42:26.800 --> 02:42:28.900
emergency covid-19 regulations


3163
02:42:30.300 --> 02:42:34.100
Are I greatly simplified revision of the emergency regulations?


3164
02:42:35.100 --> 02:42:38.000
Revisions are consistent with cdph recommendations.


3165
02:42:39.200 --> 02:42:43.100
And many of the provisions would not be enforceable without this


3166
02:42:42.100 --> 02:42:43.400
regulation.


3167
02:42:44.700 --> 02:42:46.700
and some of the provisions consist of the following


3168
02:42:47.900 --> 02:42:49.800
and 3205B.


3169
02:42:51.300 --> 02:42:54.200
the definitions of this proposal are very similar to what's in


3170
02:42:54.200 --> 02:42:54.200
the


3171
02:42:55.400 --> 02:42:57.000
current Emergency Regulation


3172
02:42:58.400 --> 02:43:00.200
with sudden changes such as close contact.


3173
02:43:01.400 --> 02:43:04.100
to ensure consistency with the California Department of


3174
02:43:04.100 --> 02:43:04.800
Public Health


3175
02:43:05.500 --> 02:43:07.200
and their infectious disease experts


3176
02:43:08.300 --> 02:43:09.000
the flexibility


3177
02:43:10.100 --> 02:43:13.600
of the Regulation remains the same as it is in the Emergency Regulation.


3178
02:43:14.300 --> 02:43:15.300
or certain definitions


3179
02:43:16.500 --> 02:43:18.300
and other provisions will change.


3180
02:43:19.200 --> 02:43:23.000
if the cdph definitions or other provisions


3181
02:43:22.200 --> 02:43:25.100
change in their orders or


3182
02:43:25.100 --> 02:43:25.900
their regulations


3183
02:43:27.600 --> 02:43:30.000
in subsections 325C


3184
02:43:31.100 --> 02:43:32.000
And C1.


3185
02:43:33.800 --> 02:43:36.700
The Proposal requires employers to address Covid-19


3186
02:43:38.600 --> 02:43:41.400
specifically as a workplace Hazard and they're


3187
02:43:41.400 --> 02:43:42.400
injury in this prevention program.


3188
02:43:45.600 --> 02:43:48.300
One of the provisions is treating all persons as potentially


3189
02:43:48.300 --> 02:43:48.900
infectious.


3190
02:43:50.100 --> 02:43:52.700
This is the same concept has been in the first.


3191
02:43:53.700 --> 02:43:56.200
emergency regulations since 2020 two years ago


3192
02:43:57.200 --> 02:44:00.900
And this is also consistent with the concept of universal precautions.


3193
02:44:01.700 --> 02:44:03.600
used in the bloodborne pathogen standard


3194
02:44:05.100 --> 02:44:08.700
and that addresses one comment another commentator mentioned temperature


3195
02:44:08.700 --> 02:44:09.100
checks.


3196
02:44:10.100 --> 02:44:12.300
There are no temperature check requirements in this proposal.


3197
02:44:13.400 --> 02:44:14.500
So that does not exist anymore.


3198
02:44:16.700 --> 02:44:18.900
in subsection 3205 C2


3199
02:44:20.200 --> 02:44:21.600
Employers must identify.


3200
02:44:22.600 --> 02:44:25.700
covid-19 workplace hazards and Implement preventive


3201
02:44:25.700 --> 02:44:26.100
measures


3202
02:44:27.400 --> 02:44:30.300
when taking these actions employers must review


3203
02:44:31.200 --> 02:44:35.100
and take into account applicable covid-19 orders and


3204
02:44:34.100 --> 02:44:37.200
guidance from the California Department of


3205
02:44:37.200 --> 02:44:38.100
Public Health.


3206
02:44:41.500 --> 02:44:43.900
in subsection 3205 C3


3207
02:44:45.200 --> 02:44:46.900
employers must provide employees.


3208
02:44:47.600 --> 02:44:49.300
health and safety training on covid-19


3209
02:44:50.300 --> 02:44:52.500
In accordance with the injury and illness prevention program.


3210
02:44:53.600 --> 02:44:54.100
This is


3211
02:44:55.800 --> 02:44:57.900
a greatly simplified from the emergency regulation


3212
02:44:59.800 --> 02:45:02.500
in subsections 3205 C4


3213
02:45:03.500 --> 02:45:04.400
And C5.


3214
02:45:05.500 --> 02:45:09.500
Employers must investigate and respond to covid-19 illness


3215
02:45:08.500 --> 02:45:11.500
and cases in


3216
02:45:11.500 --> 02:45:12.100
the workplace.


3217
02:45:12.900 --> 02:45:14.900
as required by the engine illness prevention program


3218
02:45:16.500 --> 02:45:18.900
subsection 325c5


3219
02:45:19.900 --> 02:45:22.600
consistent with cdph recommendations also


3220
02:45:22.600 --> 02:45:23.600
requires employers to


3221
02:45:24.600 --> 02:45:26.900
Exclude covid-19 cases from the workplace.


3222
02:45:27.800 --> 02:45:29.700
Or period ranging from 5 to 10 days.


3223
02:45:31.500 --> 02:45:32.200
require face coverings


3224
02:45:33.100 --> 02:45:35.300
By return covid-19 cases for 10 days.


3225
02:45:36.800 --> 02:45:39.800
And requires employers to review current cdph guidance.


3226
02:45:40.600 --> 02:45:43.100
for persons who had covid-19 close contact


3227
02:45:44.100 --> 02:45:47.300
and then take effective measures to prevent Transmission in the workplace.


3228
02:45:48.900 --> 02:45:51.300
Also requires employers to give employees information.


3229
02:45:52.500 --> 02:45:56.100
And covid-19 benefits available to them such


3230
02:45:55.100 --> 02:45:57.000
as paid time off.


3231
02:45:57.800 --> 02:46:00.500
workers compensation and other local or


3232
02:46:00.500 --> 02:46:01.300
state requirements


3233
02:46:03.900 --> 02:46:06.700
and subsection 325d


3234
02:46:07.900 --> 02:46:10.400
employers must make covid-19 tests available to


3235
02:46:10.400 --> 02:46:10.900
employees.


3236
02:46:11.600 --> 02:46:13.200
Who had close contact in the workplace?


3237
02:46:15.100 --> 02:46:15.900
in subsection


3238
02:46:17.300 --> 02:46:18.700
3205 E1


3239
02:46:20.200 --> 02:46:23.600
lawyers are required to notify employees who had close contact in


3240
02:46:23.600 --> 02:46:24.100
the workplace.


3241
02:46:25.300 --> 02:46:28.400
This is because employees have a right to know if they may have been exposed at


3242
02:46:28.400 --> 02:46:28.800
work.


3243
02:46:31.000 --> 02:46:32.000
subsection


3244
02:46:33.100 --> 02:46:34.600
325 E2


3245
02:46:36.400 --> 02:46:37.900
quarters required to notify employees


3246
02:46:38.700 --> 02:46:41.400
of covid-19 case in the workplace of an accordance


3247
02:46:41.400 --> 02:46:42.400
with existing law.


3248
02:46:43.600 --> 02:46:46.300
with such as lyric code 6409.6


3249
02:46:47.500 --> 02:46:48.900
if you come and understand on


3250
02:46:51.400 --> 02:46:53.500
a revision to this is on the governor's desk.


3251
02:46:55.200 --> 02:46:56.600
We'll make any changes needed.


3252
02:46:58.600 --> 02:47:00.700
in subsection 325 f


3253
02:47:01.900 --> 02:47:04.300
Employers must require employees to use face


3254
02:47:04.300 --> 02:47:04.900
coverings.


3255
02:47:05.700 --> 02:47:08.200
when their use is required by the California Department of


3256
02:47:08.200 --> 02:47:08.900
Public Health


3257
02:47:10.200 --> 02:47:12.500
boys also have the right to use face coverings.


3258
02:47:13.400 --> 02:47:16.100
If they want if they want to when their use is


3259
02:47:16.100 --> 02:47:16.400
not required.


3260
02:47:18.700 --> 02:47:21.500
And a commenter provides a misinformation on masks.


3261
02:47:23.200 --> 02:47:25.600
Proper masks are very effective as Source control.


3262
02:47:26.400 --> 02:47:30.200
And very effective at preventing the spread of covid-19 and other


3263
02:47:29.200 --> 02:47:31.900
Airborne infectious diseases.


3264
02:47:33.100 --> 02:47:35.300
Over their Source control and not respirators.


3265
02:47:36.400 --> 02:47:37.800
So I think the commenter got the


3266
02:47:38.400 --> 02:47:38.900
mixed up


3267
02:47:39.700 --> 02:47:42.600
So they're not we're not saying they're respirators. They


3268
02:47:42.600 --> 02:47:43.300
are Source control.


3269
02:47:44.600 --> 02:47:47.200
That means wearing the mask protects persons around the


3270
02:47:47.200 --> 02:47:48.200
person using the mask.


3271
02:47:50.500 --> 02:47:54.300
And section 35 to 3205 G.


3272
02:47:56.200 --> 02:47:58.400
lawyers must provide niash approved respirators


3273
02:47:59.900 --> 02:48:02.400
for voluntary use to employees who request respirators


3274
02:48:02.400 --> 02:48:03.800
and work indoors.


3275
02:48:05.800 --> 02:48:06.700
Employers must also provide training.


3276
02:48:07.800 --> 02:48:10.000
to employees on the respirators that they provide


3277
02:48:12.600 --> 02:48:15.900
in subsection 325h employers must


3278
02:48:15.900 --> 02:48:18.600
optimize ventilation and filtration


3279
02:48:18.600 --> 02:48:20.400
to reduce transmission risks.


3280
02:48:21.200 --> 02:48:22.100
in indoor workplaces


3281
02:48:24.300 --> 02:48:26.400
and subsection 325i


3282
02:48:28.600 --> 02:48:32.000
employers must provide Insurance use of fit tested respirators in


3283
02:48:31.200 --> 02:48:33.400
accordance with Section 5144.


3284
02:48:34.600 --> 02:48:35.600
respiratory protection


3285
02:48:36.500 --> 02:48:39.000
forecast the error size infectious materials


3286
02:48:40.300 --> 02:48:42.300
such as saliva and respiratory fluids.


3287
02:48:44.300 --> 02:48:46.300
subsection 3205 J


3288
02:48:47.600 --> 02:48:50.400
requires employers to report cases or outbreaks when required


3289
02:48:50.400 --> 02:48:50.900
by law.


3290
02:48:51.800 --> 02:48:55.100
such as labor code section 6409.6


3291
02:48:58.200 --> 02:49:01.800
Right. The next is section 325.1 which


3292
02:49:01.800 --> 02:49:02.600
covers outbreaks?


3293
02:49:03.700 --> 02:49:07.400
just three or more employee covid-19 cases within an


3294
02:49:07.400 --> 02:49:09.500
exposed group during any 14-day period


3295
02:49:10.300 --> 02:49:10.600
and this


3296
02:49:12.200 --> 02:49:15.400
meaning of outbreak of three cases and a 14-day


3297
02:49:15.400 --> 02:49:17.600
period is consistent with cdph.


3298
02:49:19.900 --> 02:49:22.300
subsection 325.1 B1


3299
02:49:23.500 --> 02:49:26.700
and B2 require employers to make testing available


3300
02:49:26.700 --> 02:49:27.200
to employees.


3301
02:49:28.100 --> 02:49:30.300
at no cost once an outbreak occurs


3302
02:49:31.200 --> 02:49:33.400
And then weekly until the outbreak ends.


3303
02:49:35.100 --> 02:49:38.200
subsection 3205.1 B3


3304
02:49:39.600 --> 02:49:42.300
requires employers to exclude employees during an


3305
02:49:42.300 --> 02:49:42.600
outbreak.


3306
02:49:43.400 --> 02:49:45.000
If an employee had a close contact.


3307
02:49:46.100 --> 02:49:49.600
And they do not have a negative test taken three to five days after the covid-19


3308
02:49:49.600 --> 02:49:50.100
exposure.


3309
02:49:52.300 --> 02:49:54.600
subsection 325.1 C


3310
02:49:55.700 --> 02:49:58.500
employers must require employees to wear face coverings during


3311
02:49:58.500 --> 02:50:00.300
outbreaks when indoors.


3312
02:50:01.300 --> 02:50:03.600
Or when outdoors and within six feet of other persons.


3313
02:50:05.500 --> 02:50:07.800
and subsection 325.1 e


3314
02:50:09.600 --> 02:50:12.900
lawyers must review relevant covid-19 policies procedures


3315
02:50:12.900 --> 02:50:13.600
and controls


3316
02:50:14.400 --> 02:50:17.400
And Implement changes as needed to rent the further


3317
02:50:17.400 --> 02:50:20.200
spread of covid-19 during outbreaks.


3318
02:50:22.700 --> 02:50:23.900
3205.1 f


3319
02:50:25.200 --> 02:50:27.600
requires employers to filter recirculated air


3320
02:50:28.300 --> 02:50:30.600
with Merv 13 or higher efficiency filters


3321
02:50:31.400 --> 02:50:33.800
or the highest compatible with the ventilation system.


3322
02:50:35.200 --> 02:50:38.500
Lawyers must also use HEPA air cleaners and ventilation


3323
02:50:38.500 --> 02:50:41.300
is inadequate to reduce the risk of covid-19 transmission.


3324
02:50:43.400 --> 02:50:46.600
And then subsection g under 32 5.1 is


3325
02:50:46.600 --> 02:50:47.700
for major outbreaks.


3326
02:50:48.400 --> 02:50:51.600
which is 20 or more employee covid-19 cases


3327
02:50:51.600 --> 02:50:54.200
in exposed group in a 30-day period


3328
02:50:56.100 --> 02:50:59.100
and then G1 requires during a major outbreak.


3329
02:51:00.200 --> 02:51:01.600
That all employees and expose group.


3330
02:51:02.500 --> 02:51:04.000
Be tested twice a week.


3331
02:51:04.900 --> 02:51:07.400
Or excluded until the work to return


3332
02:51:07.400 --> 02:51:09.900
to work criteria for covid-19 cases are met.


3333
02:51:12.600 --> 02:51:15.100
G2 requires employers to report major outbreaks to


3334
02:51:15.100 --> 02:51:15.700
Cal-OSHA


3335
02:51:17.600 --> 02:51:20.400
and then G3 requires employers provide respirators to


3336
02:51:20.400 --> 02:51:23.400
employees for voluntary use and to


3337
02:51:23.400 --> 02:51:25.600
train employees on respirators.


3338
02:51:28.200 --> 02:51:28.900
before


3339
02:51:29.700 --> 02:51:32.500
For a major outbreaks require six foot


3340
02:51:32.500 --> 02:51:33.600
distancing for employees.


3341
02:51:34.300 --> 02:51:35.400
only when feasible


3342
02:51:36.600 --> 02:51:37.700
If respirators are not used.


3343
02:51:39.700 --> 02:51:43.000
And we have two sections recovering covering employer


3344
02:51:42.300 --> 02:51:44.100
provide housing and transportation.


3345
02:51:45.100 --> 02:51:48.300
Which I've been updated to be consistent with the two main sections


3346
02:51:48.300 --> 02:51:50.400
325 and 325.1.


3347
02:51:51.700 --> 02:51:53.300
That's the end of my briefing. Gracias.


3348
02:51:54.500 --> 02:51:57.800
Thank you, Eric. Do you have any questions the


3349
02:51:57.800 --> 02:51:58.800
board members might have?


3350
02:52:02.100 --> 02:52:05.200
first for Barbara I


3351
02:52:05.200 --> 02:52:05.400
can't


3352
02:52:08.200 --> 02:52:09.600
Oh Lord, myself in the Q.


3353
02:52:10.700 --> 02:52:11.100
I do.


3354
02:52:12.200 --> 02:52:16.300
Is first I can't see it Lara. Go


3355
02:52:15.300 --> 02:52:16.800
ahead Lara.


3356
02:52:17.700 --> 02:52:20.100
Okay, so I don't know. I'm Dave is this the


3357
02:52:20.100 --> 02:52:24.100
time to I know we had put on our business meeting agenda to


3358
02:52:23.100 --> 02:52:26.400
discuss some of the issues but II do have


3359
02:52:26.400 --> 02:52:29.100
questions that are my overlap with the discussion that we


3360
02:52:29.100 --> 02:52:32.700
put on our agenda later but a couple of comments


3361
02:52:32.700 --> 02:52:35.700
one is I want to thank Chief Killip


3362
02:52:35.700 --> 02:52:39.000
for his remarks and it's very helpful to hear the chief


3363
02:52:38.300 --> 02:52:41.400
of Cal-OSHA, you know,


3364
02:52:41.400 --> 02:52:44.900
unequivocally state that this regulation was


3365
02:52:44.900 --> 02:52:48.100
necessary in that relying on the iiptp was


3366
02:52:47.100 --> 02:52:50.300
not and I consider that you know,


3367
02:52:50.300 --> 02:52:53.500
those are the experts. So thank you for sharing that


3368
02:52:53.500 --> 02:52:56.800
information. I am


3369
02:52:56.800 --> 02:52:59.300
Eric and and Chief Killip. I


3370
02:52:59.300 --> 02:53:03.000
guess what I want to ask is how you think


3371
02:53:02.600 --> 02:53:05.400
the impact of exclusion pay


3372
02:53:05.400 --> 02:53:08.300
is going to impact the effectiveness of the standard. I


3373
02:53:08.300 --> 02:53:12.000
think as we've heard from many many people today. We


3374
02:53:11.400 --> 02:53:14.600
know if there's not exclusion pay


3375
02:53:14.600 --> 02:53:17.500
in the regulation then workers are


3376
02:53:17.700 --> 02:53:20.300
enforced to choose between providing for their


3377
02:53:20.300 --> 02:53:23.300
families or staying home or going into


3378
02:53:23.300 --> 02:53:26.400
work and bringing that infection back into the workplace.


3379
02:53:26.400 --> 02:53:29.900
If the goal of the regulation is to prevent and


3380
02:53:29.900 --> 02:53:32.100
spread of infection. I'd like


3381
02:53:32.100 --> 02:53:35.400
to hear your perspective on what impact you


3382
02:53:35.400 --> 02:53:38.600
think the removal of exclusion pay will have and


3383
02:53:38.600 --> 02:53:42.200
if you could explain the the reasoning behind


3384
02:53:41.200 --> 02:53:45.000
eliminating it


3385
02:53:45.800 --> 02:53:47.400
all right, either or


3386
02:53:51.900 --> 02:53:53.500
I thank you Lord for that.


3387
02:53:54.700 --> 02:53:56.500
and I'll go a little bit into our explanation of


3388
02:53:57.400 --> 02:53:58.700
removal exclusion pay


3389
02:54:00.400 --> 02:54:03.300
the Covid-19 pandemic has changed substantially from


3390
02:54:03.300 --> 02:54:04.600
when exclusion pay.


3391
02:54:05.400 --> 02:54:08.500
Was first established in the calcium emergency regulation two years


3392
02:54:08.500 --> 02:54:08.600
ago.


3393
02:54:09.900 --> 02:54:11.300
Vaccinations are widely available.


3394
02:54:12.500 --> 02:54:15.300
In California 80 million doses have already been provided.


3395
02:54:16.400 --> 02:54:19.700
And over 80% of the population has received at least one


3396
02:54:19.700 --> 02:54:20.000
dose.


3397
02:54:21.800 --> 02:54:24.200
Um vaccinations continue to be effective in


3398
02:54:24.200 --> 02:54:24.800
reducing.


3399
02:54:25.900 --> 02:54:27.000
serious acute illness


3400
02:54:28.500 --> 02:54:31.700
which would necessitate long periods of leave from work and death.


3401
02:54:32.900 --> 02:54:35.500
new booster shot that became available this month


3402
02:54:35.500 --> 02:54:36.700
should hopefully


3403
02:54:37.800 --> 02:54:40.300
be more effective against the spread of the the new


3404
02:54:40.300 --> 02:54:43.300
variance the macron variants and it's a variance.


3405
02:54:44.700 --> 02:54:47.500
Another change since the early days the pandemic


3406
02:54:47.500 --> 02:54:50.300
that covid-19 is now widespread.


3407
02:54:50.900 --> 02:54:51.600
the population


3408
02:54:53.200 --> 02:54:56.100
and while outbreaks and replaces are still occurring and


3409
02:54:56.100 --> 02:54:58.000
still represent a serious risk to workers.


3410
02:54:58.700 --> 02:54:59.700
and many Industries


3411
02:55:00.800 --> 02:55:03.300
the widespread transmission of disease makes it


3412
02:55:03.300 --> 02:55:06.300
very difficult to identify the source of transmission.


3413
02:55:08.800 --> 02:55:11.700
the emergency regulation and read options


3414
02:55:12.600 --> 02:55:15.000
provide exclusion pay employees with Covid-19


3415
02:55:15.800 --> 02:55:18.700
except where the employer demonstrated that exposure did


3416
02:55:18.700 --> 02:55:19.500
not happen at work.


3417
02:55:20.700 --> 02:55:23.500
In the exclusion pay would not apply in a


3418
02:55:23.500 --> 02:55:23.500
case.


3419
02:55:24.200 --> 02:55:27.300
or worker contracted covid through Community transmission


3420
02:55:28.200 --> 02:55:29.300
such as a family member.


3421
02:55:30.800 --> 02:55:32.400
workers who contract Covid-19


3422
02:55:34.200 --> 02:55:37.100
at the workplace in our unable to


3423
02:55:37.100 --> 02:55:38.300
work because of their symptoms.


3424
02:55:39.300 --> 02:55:42.300
Where always and are still eligible to


3425
02:55:42.300 --> 02:55:43.800
apply for workers' compensation benefits?


3426
02:55:44.800 --> 02:55:46.200
to cover the exclusion period


3427
02:55:49.100 --> 02:55:52.800
the proposed non-emergency regulation which were


3428
02:55:52.800 --> 02:55:53.400
briefing you on today.


3429
02:55:54.300 --> 02:55:57.700
And requires employers to give employees who are


3430
02:55:57.700 --> 02:55:58.700
excluded with information.


3431
02:55:59.700 --> 02:56:02.300
Regarding Covid-19 related benefits to which the


3432
02:56:02.300 --> 02:56:02.800
employee.


3433
02:56:03.600 --> 02:56:06.200
May be entitled under federal law state law or


3434
02:56:06.200 --> 02:56:06.800
local laws.


3435
02:56:07.400 --> 02:56:11.400
This includes any benefits available under legally-mandated


3436
02:56:10.400 --> 02:56:11.800
sick leave.


3437
02:56:12.500 --> 02:56:15.300
workers compensation law local government requirements


3438
02:56:16.200 --> 02:56:19.400
the employers don't leave policies and leave


3439
02:56:19.400 --> 02:56:20.700
guaranteed by contract.


3440
02:56:23.500 --> 02:56:27.800
changes in quarantine rules in the proposed regulation


3441
02:56:26.800 --> 02:56:28.700
where briefing you on


3442
02:56:29.500 --> 02:56:32.900
Have also made exclusion far less common than it


3443
02:56:32.900 --> 02:56:34.800
was when the emergency regulation first went into effect.


3444
02:56:36.300 --> 02:56:39.500
Today most workers are no longer required to be excluded after a


3445
02:56:39.500 --> 02:56:40.000
close contact.


3446
02:56:41.500 --> 02:56:44.300
As long as they are asymptomatic and test within three to five


3447
02:56:44.300 --> 02:56:45.000
days after exposure.


3448
02:56:46.300 --> 02:56:47.700
These workers can remain in the workplace.


3449
02:56:48.500 --> 02:56:50.100
And I'm not at risk of losing wages.


3450
02:56:51.600 --> 02:56:53.100
in terms of the impact of the


3451
02:56:54.700 --> 02:56:55.900
removal exclusion pay


3452
02:56:57.300 --> 02:57:00.800
research suggests that paid leave policy most benefits low


3453
02:57:00.800 --> 02:57:02.600
income and marginalized workers.


3454
02:57:03.900 --> 02:57:06.400
As these workers are less likely to have access to pay


3455
02:57:06.400 --> 02:57:08.000
time off then better off workers.


3456
02:57:09.300 --> 02:57:12.200
A recent study estimated that in the US workers and their families


3457
02:57:12.200 --> 02:57:15.200
lose 22.5 billion dollars in


3458
02:57:15.200 --> 02:57:15.600
wages.


3459
02:57:16.700 --> 02:57:19.400
Each year taking unpaid family leave and medical leave.


3460
02:57:20.800 --> 02:57:23.500
The proposed Non-Emergency Regulation has several


3461
02:57:23.500 --> 02:57:24.800
preventive revisions.


3462
02:57:25.700 --> 02:57:27.300
Which you've heard about in detail today?


3463
02:57:28.100 --> 02:57:31.500
To reduce the transmission to replace and prevent Covid-19 illness.


3464
02:57:32.300 --> 02:57:35.400
In the first place amongst workers instead of California, so that


3465
02:57:35.400 --> 02:57:37.700
fewer workers will need to take sick leave.


3466
02:57:40.700 --> 02:57:42.500
That's a prepared response. Thanks.


3467
02:57:43.800 --> 02:57:46.100
Thank you. I have one quick response to that and


3468
02:57:46.100 --> 02:57:48.200
then I want to turn it over to my colleagues.


3469
02:57:49.300 --> 02:57:52.500
So II mean, I I'm concerned about that because


3470
02:57:52.500 --> 02:57:55.900
even your own comments of course are acknowledging that


3471
02:57:55.900 --> 02:57:58.800
this this policy is going to have a disproportionate


3472
02:57:58.800 --> 02:58:02.400
impact on low wage workers who


3473
02:58:01.400 --> 02:58:04.500
they may not be out for weeks and


3474
02:58:04.500 --> 02:58:08.300
weeks but even one or two days being out without pay it


3475
02:58:07.300 --> 02:58:10.500
may jeopardize as we've heard their health benefits


3476
02:58:10.500 --> 02:58:13.200
as well as their ability to be housed and many


3477
02:58:13.200 --> 02:58:17.200
others, you know, feed their families. So II


3478
02:58:17.200 --> 02:58:21.400
think you know what you have said actually confirms


3479
02:58:20.400 --> 02:58:23.400
the tremendous impact of this and


3480
02:58:23.400 --> 02:58:27.300
and of course, I understand that this was always just designed


3481
02:58:26.300 --> 02:58:29.800
for people who are and


3482
02:58:29.800 --> 02:58:32.200
most recently who are actually made sick through a


3483
02:58:32.200 --> 02:58:35.300
workplace exposure that that concern about how to


3484
02:58:35.300 --> 02:58:38.800
demonstrate that has been there from the beginning and there's been advice in


3485
02:58:38.800 --> 02:58:41.900
the FAQs around how to do that. So that


3486
02:58:41.900 --> 02:58:44.700
has not changed. So, you know,


3487
02:58:44.700 --> 02:58:47.700
I I'm I remain very concerned about


3488
02:58:47.700 --> 02:58:48.900
how this regulation.


3489
02:58:49.300 --> 02:58:52.100
Be able to work without that though. I think that the


3490
02:58:52.100 --> 02:58:56.000
regulator the provisions that you've provided are essential, but


3491
02:58:55.100 --> 02:58:58.400
I think our responsibility is to try to protect all


3492
02:58:58.400 --> 02:59:01.500
workers, including the most vulnerable and low-wage workers,


3493
02:59:01.500 --> 02:59:04.600
and this is going to have once again be asking


3494
02:59:04.600 --> 02:59:07.500
them to Bear the disproportionate impact of this pandemic.


3495
02:59:07.500 --> 02:59:10.000
So I hope there'll be


3496
02:59:10.200 --> 02:59:13.400
room for this to be reconsidered as


3497
02:59:13.400 --> 02:59:16.500
the final regulation is prepared


3498
02:59:16.500 --> 02:59:18.100
for our vote in December. Gracias.


3499
02:59:19.500 --> 02:59:22.400
Thank you. Any other comments Barbara?


3500
02:59:24.300 --> 02:59:28.000
I Echo Laura's comment about exclusion


3501
02:59:27.400 --> 02:59:30.400
pay I think it's


3502
02:59:33.800 --> 02:59:36.900
it's covered under the air slice transmissible disease


3503
02:59:36.900 --> 02:59:39.500
standard. It's included in obviously other


3504
02:59:39.500 --> 02:59:43.000
Cal-OSHA's standards. I am unclear


3505
02:59:42.500 --> 02:59:46.600
as to why those covered


3506
02:59:46.600 --> 02:59:49.700
under the ATV standard would get exclusion pay


3507
02:59:49.700 --> 02:59:53.100
but individuals who are essential workers would


3508
02:59:52.100 --> 02:59:55.900
not qualify for exclusion


3509
02:59:55.900 --> 02:59:58.100
pay and I think going through the workers comp system


3510
02:59:58.100 --> 03:00:02.500
is a little bit contrary and


3511
03:00:01.500 --> 03:00:05.700
difficult especially for individuals


3512
03:00:04.700 --> 03:00:07.000
where English it may not be


3513
03:00:07.300 --> 03:00:10.100
their first language and individuals who are fearful of


3514
03:00:10.100 --> 03:00:14.300
retaliation in various other reasons that are well known for our


3515
03:00:14.300 --> 03:00:18.000
most vulnerable California workers. So I holy


3516
03:00:17.500 --> 03:00:21.000
support permanent standard number


3517
03:00:20.200 --> 03:00:23.600
one number two. I think there are many strength


3518
03:00:23.600 --> 03:00:28.100
strong points in this current draft specifically


3519
03:00:26.100 --> 03:00:30.000
the emphasis


3520
03:00:29.300 --> 03:00:30.700
on ventilation.


3521
03:00:31.400 --> 03:00:36.300
And the emphasis on respirators going?


3522
03:00:37.200 --> 03:00:43.100
Forward certainly the housing and transportation protections that


3523
03:00:42.100 --> 03:00:45.800
are currently in the draft that could


3524
03:00:45.800 --> 03:00:47.100
be enhanced.


3525
03:00:48.700 --> 03:00:51.500
Especially the transportation to not just work but


3526
03:00:51.500 --> 03:00:54.700
to other employer provided Transportation


3527
03:00:54.700 --> 03:00:57.500
settings. I think if we


3528
03:00:57.500 --> 03:01:01.000
looked at high risk occupations, we've


3529
03:01:00.100 --> 03:01:03.600
heard from teachers teachers who spend


3530
03:01:03.600 --> 03:01:06.200
more time more time in the


3531
03:01:06.200 --> 03:01:09.200
classroom than when you think of health


3532
03:01:09.200 --> 03:01:12.700
care workers interacting with


3533
03:01:12.700 --> 03:01:17.000
patients. Certainly teachers


3534
03:01:15.900 --> 03:01:20.100
grocery workers Transit


3535
03:01:18.100 --> 03:01:21.500
workers flight attendants.


3536
03:01:21.500 --> 03:01:25.300
I can see all those and more


3537
03:01:25.300 --> 03:01:28.500
we've heard from the pharmacist. We've


3538
03:01:28.500 --> 03:01:31.200
heard from in talking about me packing food


3539
03:01:31.200 --> 03:01:34.400
processing workers all those individuals without a


3540
03:01:34.400 --> 03:01:37.900
permanent standard would be at risk


3541
03:01:37.900 --> 03:01:40.400
and certainly without exclusion pay many


3542
03:01:40.400 --> 03:01:41.900
of those individuals will not


3543
03:01:42.900 --> 03:01:45.600
report their symptoms and do


3544
03:01:45.600 --> 03:01:48.400
the right thing. I also want to make a


3545
03:01:48.400 --> 03:01:51.400
comment around the fact that I have not been.


3546
03:01:53.500 --> 03:01:56.800
In support of the CDC and


3547
03:01:56.800 --> 03:01:58.500
our local and State Health departments.


3548
03:01:59.300 --> 03:02:04.200
Who have lessened the protections especially


3549
03:02:02.200 --> 03:02:05.600
in transportation, which


3550
03:02:05.600 --> 03:02:08.900
is shocking to me and they have essentially


3551
03:02:08.900 --> 03:02:11.500
taken a public health problem and shifted


3552
03:02:11.500 --> 03:02:14.800
it to the shoulders of individuals. And that


3553
03:02:14.800 --> 03:02:17.800
is not a public health solution. It doesn't


3554
03:02:17.800 --> 03:02:20.100
work in the workplace employers are


3555
03:02:20.100 --> 03:02:24.000
still required by law to provide a safe and healthy workplace and


3556
03:02:23.700 --> 03:02:27.400
I think that shifting it


3557
03:02:27.400 --> 03:02:30.200
to the individuals especially when employers are


3558
03:02:30.200 --> 03:02:33.700
not providing sick pay to many of these low-wage


3559
03:02:33.700 --> 03:02:36.700
workers many of them are part-time workers. I


3560
03:02:36.700 --> 03:02:39.400
think without exclusion pay we are not going


3561
03:02:39.400 --> 03:02:43.800
to get a handle on this pandemic. So I am


3562
03:02:43.800 --> 03:02:46.900
the other solution, of course without a


3563
03:02:46.900 --> 03:02:50.100
permanent standard would be to enlarge the


3564
03:02:50.100 --> 03:02:53.800
employers covered under the air slice transmissible


3565
03:02:53.800 --> 03:02:57.800
disease standard now, I think that certainly hospitals


3566
03:02:56.800 --> 03:02:58.900
are currently


3567
03:02:59.200 --> 03:03:02.400
Will testing at least that UCSF and


3568
03:03:02.400 --> 03:03:06.000
the academic large academic Medical Center in San Francisco still testing


3569
03:03:05.200 --> 03:03:08.200
all inpatients all patients who are


3570
03:03:08.200 --> 03:03:11.500
coming in for surgeries or procedures. They're testing


3571
03:03:11.500 --> 03:03:14.900
them on day three of inpatient hospitalization, you know,


3572
03:03:14.900 --> 03:03:18.100
there's n95 availability. Now those


3573
03:03:17.100 --> 03:03:21.200
individuals are identified and


3574
03:03:20.200 --> 03:03:22.500
the risk is mitigated.


3575
03:03:23.200 --> 03:03:26.100
Now obviously Health Care Providers and outpatient settings.


3576
03:03:26.900 --> 03:03:29.800
Don't have that, you know,


3577
03:03:29.800 --> 03:03:32.200
they still have to use the precautionary principle to


3578
03:03:32.200 --> 03:03:35.300
identify that everybody is potentially infectious. And but


3579
03:03:35.300 --> 03:03:38.500
there's masking there are still masking. It's


3580
03:03:38.500 --> 03:03:41.500
not a 95 for our patients, but it's


3581
03:03:41.500 --> 03:03:44.900
surgical masks. So I think in healthcare and


3582
03:03:44.900 --> 03:03:47.300
under those covered under the ATD standard


3583
03:03:47.300 --> 03:03:50.800
that risk is being mitigated somewhat, especially


3584
03:03:50.800 --> 03:03:54.500
in the inpatient setting but for our transportation workers


3585
03:03:53.500 --> 03:03:56.800
our grocery workers, our agricultural workers


3586
03:03:56.800 --> 03:03:59.300
who have to use those shared housing and


3587
03:03:59.300 --> 03:04:02.600
transportation. We do not have I mean our teachers


3588
03:04:03.500 --> 03:04:06.500
I mean we're talking there is no testing happening. There's


3589
03:04:06.500 --> 03:04:09.400
no required masking happening and that is


3590
03:04:11.600 --> 03:04:14.800
Something that worries me, especially in in the


3591
03:04:14.800 --> 03:04:17.300
event of an outbreak. I still would I


3592
03:04:17.300 --> 03:04:19.200
would support also the raw numbers three.


3593
03:04:20.200 --> 03:04:24.100
For an outbreak or a major outbreak as 20 not percentages. So


3594
03:04:23.100 --> 03:04:26.200
I again II think that there's a


3595
03:04:26.200 --> 03:04:29.100
lot of strength in this permanent standard. I want to


3596
03:04:29.100 --> 03:04:31.700
see exclusion pay included. Gracias.


3597
03:04:32.800 --> 03:04:33.200
Chris


3598
03:04:34.500 --> 03:04:35.700
Can you hear me? Yeah.


3599
03:04:37.300 --> 03:04:40.700
Good the new standard the


3600
03:04:40.700 --> 03:04:44.000
proposed standard certainly evidences tremendous


3601
03:04:43.500 --> 03:04:46.900
work and a desire to align issues


3602
03:04:46.900 --> 03:04:50.400
simplify terminology. What


3603
03:04:49.400 --> 03:04:52.200
have you but I would submit that I have to


3604
03:04:52.200 --> 03:04:55.600
agree with the comments made that both contact


3605
03:04:55.600 --> 03:04:59.200
tracing and close contact leaves me


3606
03:04:59.200 --> 03:05:02.300
ambiguous in terms of how to make that actionable that


3607
03:05:02.300 --> 03:05:06.400
I think is a tough one. So I would encourage Eric and


3608
03:05:06.400 --> 03:05:09.500
staff to revisit that I have two questions


3609
03:05:09.500 --> 03:05:12.300
why two years? I mean I


3610
03:05:12.300 --> 03:05:15.600
listen to some of the comments about sunsetting within


3611
03:05:15.600 --> 03:05:18.700
two years. Why why did why was two


3612
03:05:18.700 --> 03:05:21.500
years chosen versus one year


3613
03:05:21.500 --> 03:05:24.900
or even that the option to evaluate at


3614
03:05:24.900 --> 03:05:27.800
six-month intervals? That's one question and the


3615
03:05:27.800 --> 03:05:31.000
second question is in terms of calibrating what


3616
03:05:30.100 --> 03:05:34.100
other states are doing. We're not on this journey alone. What


3617
03:05:33.100 --> 03:05:36.400
are states other than California doing in


3618
03:05:36.400 --> 03:05:37.000
terms?


3619
03:05:37.200 --> 03:05:41.100
Of transitioning us to what I would consider an endemic


3620
03:05:40.100 --> 03:05:41.300
state.


3621
03:05:45.100 --> 03:05:47.000
I thank you. Um, I guess first the


3622
03:05:47.800 --> 03:05:50.700
two-year question. I mean we were


3623
03:05:50.700 --> 03:05:53.400
consulted with cdph and their infectious disease experts when


3624
03:05:53.400 --> 03:05:56.100
deciding on you know, when this should


3625
03:05:56.100 --> 03:05:57.400
Sunset and the best time for that.


3626
03:05:59.200 --> 03:06:02.200
But that's how we came with two years Consulting with them and


3627
03:06:02.200 --> 03:06:03.900
other experts infectious diseases.


3628
03:06:05.200 --> 03:06:07.100
and the second question was about the


3629
03:06:08.400 --> 03:06:10.100
States so we did research


3630
03:06:11.100 --> 03:06:13.200
other states has requested at the last meeting.


3631
03:06:14.300 --> 03:06:17.000
so we identified two states that still have


3632
03:06:18.900 --> 03:06:21.500
Covid-19 regulations. Those are Oregon and


3633
03:06:21.500 --> 03:06:21.900
Washington


3634
03:06:23.200 --> 03:06:25.900
I can give you an overview if you like of those two.


3635
03:06:26.700 --> 03:06:27.900
so first


3636
03:06:29.100 --> 03:06:29.600
Oregon


3637
03:06:31.700 --> 03:06:34.200
the requirements they have different requirements for what they call


3638
03:06:34.200 --> 03:06:37.400
Exceptional risk settings and then general settings. I'll just


3639
03:06:37.400 --> 03:06:37.800
go over what's


3640
03:06:38.500 --> 03:06:40.100
for General risk settings for all


3641
03:06:41.100 --> 03:06:44.200
lower risk employers first is providing allow


3642
03:06:44.200 --> 03:06:45.300
for employee voluntary.


3643
03:06:46.200 --> 03:06:47.200
face mask use


3644
03:06:48.600 --> 03:06:52.500
next is to cover all Covid testing requirement costs.


3645
03:06:53.100 --> 03:06:53.800
if the employer


3646
03:06:55.600 --> 03:06:57.400
requires or directs employees to be tested


3647
03:06:58.600 --> 03:07:01.300
next is they have to optimize ventilation systems to


3648
03:07:01.300 --> 03:07:02.200
reduce Covid-19.


3649
03:07:03.300 --> 03:07:04.200
transmission risks


3650
03:07:07.800 --> 03:07:10.000
and also follow Oregon Health Authority


3651
03:07:10.800 --> 03:07:13.400
Public health or medical care provider recommendations


3652
03:07:13.400 --> 03:07:16.600
for isolation and quarantine of employees regarding


3653
03:07:16.600 --> 03:07:17.000
Covid-19.


3654
03:07:19.900 --> 03:07:22.400
and announce the next is provide notice within


3655
03:07:22.400 --> 03:07:25.100
24 hours to workers who had a potential


3656
03:07:25.100 --> 03:07:27.000
work-related Covid-19 exposure.


3657
03:07:28.600 --> 03:07:30.500
And then lastly, Oregon.


3658
03:07:31.600 --> 03:07:35.200
Does have exclusion pay that's varies dependent


3659
03:07:34.200 --> 03:07:35.900
employers with over?


3660
03:07:37.400 --> 03:07:39.100
500 employees have to pay up to


3661
03:07:40.300 --> 03:07:43.200
1,400 a week and then less than


3662
03:07:43.200 --> 03:07:46.500
500 employees. I believe it's a thousand


3663
03:07:46.500 --> 03:07:47.600
dollars a week maximum.


3664
03:07:48.300 --> 03:07:49.800
So they do have exclusion pay.


3665
03:07:53.300 --> 03:07:57.200
Next is Washington. Oh, and there's no real specific end


3666
03:07:56.200 --> 03:07:59.200
date for Oregon. Like we


3667
03:07:59.200 --> 03:08:00.300
have the two years as we talked about.


3668
03:08:01.100 --> 03:08:04.400
Oregon doesn't have a specific end date set but they're supposed


3669
03:08:04.400 --> 03:08:05.200
to revisit the issue.


3670
03:08:06.100 --> 03:08:07.000
although no specific


3671
03:08:08.200 --> 03:08:09.000
date is provided.


3672
03:08:10.300 --> 03:08:11.700
And then there's Washington.


3673
03:08:13.200 --> 03:08:16.500
The Washington has requirements. They have separate and additional


3674
03:08:16.500 --> 03:08:19.100
requirements for healthcare correction schools. I won't go over


3675
03:08:19.100 --> 03:08:20.700
those I go over there General requirements.


3676
03:08:22.100 --> 03:08:24.900
Firstly is to assess Covid-19 hazards in the workplace.


3677
03:08:25.800 --> 03:08:28.200
And just a preventions measures


3678
03:08:28.200 --> 03:08:28.700
as needed.


3679
03:08:30.100 --> 03:08:32.800
An isolate workers known or suspected to have Covid-19.


3680
03:08:34.600 --> 03:08:37.200
Provide hand-washing facilities and supplies and


3681
03:08:37.200 --> 03:08:39.000
regularly clean and sanitized surfaces.


3682
03:08:40.700 --> 03:08:43.800
Educate workers about Covid-19 prevention in a


3683
03:08:43.800 --> 03:08:44.800
language. They understand best.


3684
03:08:46.400 --> 03:08:49.400
provide written notice of potential covid-19 exposure


3685
03:08:50.200 --> 03:08:52.000
within one business day do all workers.


3686
03:08:53.200 --> 03:08:55.100
and the employers of subcontracted workers


3687
03:08:55.900 --> 03:08:58.600
were at the same work site as a person who tested


3688
03:08:58.600 --> 03:08:58.900
positive.


3689
03:09:00.400 --> 03:09:02.600
report Covid-19 outbreaks


3690
03:09:04.100 --> 03:09:07.300
address Covid-19 notification reporting and prevention


3691
03:09:07.300 --> 03:09:07.700
measures


3692
03:09:08.500 --> 03:09:11.800
and the employers workplace specific written accent prevention


3693
03:09:11.800 --> 03:09:12.000
program.


3694
03:09:13.100 --> 03:09:14.200
Are equivalent safety program?


3695
03:09:16.100 --> 03:09:20.000
allow workers to voluntary wear masks or respirators


3696
03:09:19.100 --> 03:09:20.800
and PPE


3697
03:09:22.900 --> 03:09:26.100
and they also do not have a specific sense at


3698
03:09:25.100 --> 03:09:26.700
date that I could find.


3699
03:09:28.200 --> 03:09:31.200
That's kind of overview of the two states that we found


3700
03:09:31.200 --> 03:09:33.300
that still have Covid-19.


3701
03:09:34.600 --> 03:09:37.300
Regulations and they're pretty similar to


3702
03:09:37.300 --> 03:09:37.400
ours.


3703
03:09:38.600 --> 03:09:41.400
Yeah, thank you very much for that Eric. Just just a


3704
03:09:41.400 --> 03:09:44.000
a question that remains. So what are the


3705
03:09:44.300 --> 03:09:45.900
other states doing if anything?


3706
03:09:48.900 --> 03:09:51.600
Okay, but the states do about what other states


3707
03:09:51.600 --> 03:09:55.300
doing if there are two states that have regulations akin


3708
03:09:54.300 --> 03:09:57.100
to ours. What are the other states doing?


3709
03:09:58.400 --> 03:10:01.200
As far as I know, I don't know what those states


3710
03:10:01.200 --> 03:10:01.400
do.


3711
03:10:02.300 --> 03:10:05.700
That's the tooth. I found that with Covid regulations. I don't know about the other states. I didn't


3712
03:10:05.700 --> 03:10:07.100
I didn't find their regulations.


3713
03:10:08.300 --> 03:10:09.600
All right. Yeah. Gracias.


3714
03:10:12.500 --> 03:10:14.700
Kathleen in the comments questions


3715
03:10:23.100 --> 03:10:24.000
Oh, I have many.


3716
03:10:29.200 --> 03:10:29.600
I'm just


3717
03:10:32.900 --> 03:10:35.600
Has there but this one is first of


3718
03:10:35.600 --> 03:10:38.800
all, I apologize for missing the August meeting.


3719
03:10:38.800 --> 03:10:42.100
So I may have missed some informative discussion


3720
03:10:41.100 --> 03:10:42.400
there.


3721
03:10:47.300 --> 03:10:49.700
I am not yet convinced.


3722
03:10:51.600 --> 03:10:54.700
That of the necessity for permanent


3723
03:10:54.700 --> 03:10:55.100
regulation.


3724
03:10:56.200 --> 03:10:57.300
and II


3725
03:10:58.700 --> 03:11:01.400
listened to diligently to everyone on


3726
03:11:01.400 --> 03:11:04.300
on from all of the calls and


3727
03:11:04.300 --> 03:11:07.100
red all of the backup here.


3728
03:11:08.300 --> 03:11:11.600
And I'm simply not convinced of the necessity of


3729
03:11:11.600 --> 03:11:11.800
this.


3730
03:11:12.700 --> 03:11:15.400
So I feel like


3731
03:11:16.600 --> 03:11:18.600
we're still out of step. We're still chasing.


3732
03:11:19.800 --> 03:11:22.600
And that's a big concern to me. We've been chasing for


3733
03:11:22.600 --> 03:11:25.500
multiple years now and we haven't gotten


3734
03:11:25.500 --> 03:11:28.200
ahead of that and more than anything I would


3735
03:11:28.200 --> 03:11:29.500
implore.


3736
03:11:30.700 --> 03:11:32.000
the division in this group


3737
03:11:33.500 --> 03:11:34.700
to get ahead of things.


3738
03:11:39.100 --> 03:11:40.700
right now II think that


3739
03:11:43.400 --> 03:11:46.000
for example this comment that we don't have


3740
03:11:46.400 --> 03:11:48.100
an exit strategy is right on.


3741
03:11:49.400 --> 03:11:52.700
I think that's absolutely right on II probably should


3742
03:11:52.700 --> 03:11:55.300
just stop myself from going too much


3743
03:11:55.300 --> 03:11:59.000
further, but I think it's important to to note.


3744
03:12:00.400 --> 03:12:04.200
There are so many great comments from all


3745
03:12:03.200 --> 03:12:06.400
sides here that I don't believe


3746
03:12:06.400 --> 03:12:07.600
have been Incorporated.


3747
03:12:08.700 --> 03:12:11.200
Or completely considered that I'd like the


3748
03:12:11.200 --> 03:12:13.800
division to go back and completely consider.


3749
03:12:15.600 --> 03:12:19.600
the true impacts of their decisions


3750
03:12:18.600 --> 03:12:21.300
and what they're proposing


3751
03:12:21.300 --> 03:12:24.500
so I'm gonna leave it there, but I do want


3752
03:12:24.500 --> 03:12:28.000
the division to go back and seriously consider


3753
03:12:27.000 --> 03:12:29.000
the


3754
03:12:30.400 --> 03:12:33.100
comments from the business community as well as


3755
03:12:33.100 --> 03:12:34.100
the comments from


3756
03:12:35.200 --> 03:12:37.600
the labor community because I don't think it's all.


3757
03:12:39.700 --> 03:12:39.800
accounted for


3758
03:12:42.200 --> 03:12:45.600
Here we will do that. We will go through all the written comments carefully the


3759
03:12:45.600 --> 03:12:46.700
team at Cal OSHA.


3760
03:12:47.300 --> 03:12:50.500
And all the oil comments will get transcript here and go through those carefully.


3761
03:12:51.300 --> 03:12:54.800
As we always do and we will look at if changes


3762
03:12:54.800 --> 03:12:56.500
are needed and do them if necessary.


3763
03:12:58.100 --> 03:12:59.800
You know, I actually I forgot to


3764
03:13:00.500 --> 03:13:03.100
to say this. I do sincerely appreciate the work that you're


3765
03:13:03.100 --> 03:13:06.400
putting into this Eric and and team. II


3766
03:13:06.400 --> 03:13:09.500
really do. It's a sticky wicket. It has


3767
03:13:09.500 --> 03:13:12.400
been for several years, but I do not feel


3768
03:13:12.400 --> 03:13:15.300
like we're leading our ways out of it. So


3769
03:13:16.600 --> 03:13:19.900
Listen carefully to all of the comments. Thank


3770
03:13:19.900 --> 03:13:19.900
you.


3771
03:13:22.400 --> 03:13:26.000
This is Laura. Can I just make one more quick


3772
03:13:25.500 --> 03:13:28.800
comment? Also want to thank everyone


3773
03:13:28.800 --> 03:13:30.000
just one Lara?


3774
03:13:31.100 --> 03:13:31.900
Yeah, no good.


3775
03:13:32.900 --> 03:13:34.000
Okay, sorry, sorry.


3776
03:13:36.600 --> 03:13:39.300
Go ahead. Yeah. I wanted to thank Eric and


3777
03:13:39.300 --> 03:13:42.700
his team. Also, I want to just emphasize that


3778
03:13:42.700 --> 03:13:45.800
we're not talking about a permanent standard. We're


3779
03:13:45.800 --> 03:13:48.600
talking about it and an extent a non--


3780
03:13:48.600 --> 03:13:51.200
I don't know what the term is it but it's two years just to


3781
03:13:51.200 --> 03:13:54.700
remind ourselves that it is. I do appreciate that you're


3782
03:13:56.800 --> 03:13:59.000
You're trying to be cognizant of the fact that you know,


3783
03:13:59.300 --> 03:14:02.100
things are changing. So we're not having we're not going to have to


3784
03:14:02.100 --> 03:14:05.300
vote on something that's going to be lasting longer than that.


3785
03:14:05.300 --> 03:14:08.800
There's going to be an opportunity to be able to continue to be responsive


3786
03:14:08.800 --> 03:14:11.200
to what what science says. I


3787
03:14:11.200 --> 03:14:14.500
think what's just very very clear that we're


3788
03:14:14.500 --> 03:14:17.400
gonna you know, we I pray that we will need an exit strategy


3789
03:14:17.400 --> 03:14:20.600
at some point, but it's not now still happening now


3790
03:14:20.600 --> 03:14:23.500
so now is not the time to be exiting from


3791
03:14:23.500 --> 03:14:26.300
the provisions that we put in but that just the last quick thing


3792
03:14:26.300 --> 03:14:29.500
I want to say is I do want to continue to


3793
03:14:29.500 --> 03:14:33.900
remind us that we had had encouraged staff


3794
03:14:32.900 --> 03:14:35.300
to Begin work on a


3795
03:14:35.300 --> 03:14:38.100
general infectious disease regulation. So I


3796
03:14:38.100 --> 03:14:41.000
just want to put that back on the table that I


3797
03:14:41.200 --> 03:14:45.000
think you know, there are other infectious diseases monkeypox and


3798
03:14:44.300 --> 03:14:47.300
others that are coming our way and it


3799
03:14:47.300 --> 03:14:50.100
seems like one of the exit strategies is going to


3800
03:14:50.100 --> 03:14:53.500
be working on that regulation where we develop an ongoing


3801
03:14:53.500 --> 03:14:54.900
regulation that will affect that.


3802
03:14:56.300 --> 03:14:59.400
Apply to all Industries and and maybe that is really


3803
03:14:59.400 --> 03:15:02.900
where we can can be continuing this


3804
03:15:02.900 --> 03:15:05.700
while while we are still grappling with covid.


3805
03:15:05.700 --> 03:15:08.600
But but be sure that before this one


3806
03:15:08.600 --> 03:15:11.800
expires we have we are ready to put an ongoing


3807
03:15:11.800 --> 03:15:14.200
General infectious disease regulation in


3808
03:15:14.200 --> 03:15:14.400
place.


3809
03:15:15.300 --> 03:15:15.400
Thank you.


3810
03:15:16.200 --> 03:15:16.800
Thank you, Lord.


3811
03:15:17.600 --> 03:15:19.400
Just want to make a couple comments.


3812
03:15:24.500 --> 03:15:27.300
Just a couple comments.


3813
03:15:29.200 --> 03:15:30.400
first of all


3814
03:15:33.100 --> 03:15:34.700
I don't know how you get ahead of this.


3815
03:15:36.100 --> 03:15:39.300
There is no way to get ahead of it. Unless you go into the future and


3816
03:15:39.300 --> 03:15:42.300
you look back and you already know what happened. There's no way


3817
03:15:42.300 --> 03:15:43.500
to know what this is going to do.


3818
03:15:44.700 --> 03:15:46.900
In a year or two if it's going to fade away.


3819
03:15:48.200 --> 03:15:51.600
If there's gonna be some other variant, that's worse.


3820
03:15:52.400 --> 03:15:53.900
We don't know.


3821
03:15:54.800 --> 03:15:56.500
all we can do is


3822
03:15:58.400 --> 03:16:01.600
try and protect the the 20 million or


3823
03:16:01.600 --> 03:16:02.200
so employees.


3824
03:16:03.800 --> 03:16:05.200
That work in California.


3825
03:16:06.500 --> 03:16:09.900
And you know and I think the exclusion


3826
03:16:09.900 --> 03:16:11.300
pay is is necessary.


3827
03:16:11.700 --> 03:16:14.200
I don't know exactly how we do this. I don't know if it


3828
03:16:14.200 --> 03:16:17.400
is going to come from the senate or the assembly.


3829
03:16:18.200 --> 03:16:19.300
but there has to be


3830
03:16:20.500 --> 03:16:24.400
some way to do this that the state funds partially


3831
03:16:23.400 --> 03:16:27.600
or all because otherwise, I


3832
03:16:26.600 --> 03:16:28.600
mean everybody in this room.


3833
03:16:29.500 --> 03:16:32.300
Can probably get covid and go home and you're not worried about


3834
03:16:32.300 --> 03:16:32.900
getting paid?


3835
03:16:33.400 --> 03:16:36.200
You know, you're gonna get paid and it's just, you


3836
03:16:36.200 --> 03:16:39.400
know part of the deal, but that's not for the vast majority


3837
03:16:39.400 --> 03:16:42.400
of workers out there. They miss a day the guys I represent


3838
03:16:42.400 --> 03:16:45.600
they miss the day of work. They must pay, you know, except for


3839
03:16:45.600 --> 03:16:48.300
this exclusion pay and I'll tell


3840
03:16:48.300 --> 03:16:51.700
you it's it's never been easy. It's


3841
03:16:51.700 --> 03:16:52.500
harder now.


3842
03:16:53.200 --> 03:16:56.600
You know people getting paid more but inflation is has taken


3843
03:16:56.600 --> 03:16:59.200
off and people are just trying to keep up with


3844
03:16:59.200 --> 03:17:01.900
what's going on. So I'm I think you have to have


3845
03:17:02.800 --> 03:17:04.500
exclusion pain here and


3846
03:17:07.300 --> 03:17:09.500
so we're just about ready to go into the


3847
03:17:11.800 --> 03:17:14.300
but we are in the third year. We're going to end the third


3848
03:17:14.300 --> 03:17:17.500
year in March of next year of when


3849
03:17:17.500 --> 03:17:18.100
this started.


3850
03:17:19.400 --> 03:17:19.500
I


3851
03:17:20.600 --> 03:17:23.300
don't disagree with two years because we've already been in


3852
03:17:23.300 --> 03:17:27.500
it for three. I don't think it's going away. It'll just


3853
03:17:27.500 --> 03:17:30.100
be something different and it may be something


3854
03:17:30.100 --> 03:17:32.400
that we can contain. We haven't figured that out yet either.


3855
03:17:33.300 --> 03:17:36.400
But you know, I just had it a month ago a little over a


3856
03:17:36.400 --> 03:17:36.600
month ago.


3857
03:17:37.300 --> 03:17:40.000
And if I was an hourly worker.


3858
03:17:40.700 --> 03:17:43.700
I wouldn't have been able to go to work at least


3859
03:17:43.700 --> 03:17:46.300
for a couple days. But then after that I might have


3860
03:17:46.300 --> 03:17:46.600
thought about it.


3861
03:17:47.700 --> 03:17:48.400
And that's not good.


3862
03:17:49.600 --> 03:17:51.400
And that's how people get exposed to it.


3863
03:17:52.100 --> 03:17:55.800
and you can say what you want about people bringing it


3864
03:17:55.800 --> 03:17:56.800
from home to work, but


3865
03:17:58.300 --> 03:18:01.100
Once you bring it from home to work everybody at work.


3866
03:18:01.900 --> 03:18:04.400
Is vulnerable to getting it and they're getting it at


3867
03:18:04.400 --> 03:18:07.800
work. So I think that's a wash. You know, it happens both


3868
03:18:07.800 --> 03:18:10.800
ways. I think


3869
03:18:10.800 --> 03:18:13.500
the way I got it was and I still don't understand this


3870
03:18:13.500 --> 03:18:16.300
is transportation. I was on a


3871
03:18:16.300 --> 03:18:17.600
plane I haven't been on a plane.


3872
03:18:18.800 --> 03:18:21.100
Until went to San Diego


3873
03:18:21.100 --> 03:18:25.200
about a month ago just before I got this and you


3874
03:18:24.200 --> 03:18:27.100
know, you're not required to wear a mask.


3875
03:18:27.100 --> 03:18:29.800
I think I did when I was going down there but not coming back.


3876
03:18:30.800 --> 03:18:33.100
And it's still hard, especially if


3877
03:18:33.100 --> 03:18:37.000
you're doing any kind of traveling more than a couple hours because you


3878
03:18:36.300 --> 03:18:39.100
have to eat you have to drink and you know, the mask comes


3879
03:18:39.100 --> 03:18:42.300
on and off but it would be a lot easier


3880
03:18:42.300 --> 03:18:44.200
if everybody had to wear a mask.


3881
03:18:44.800 --> 03:18:47.400
On a plane. Oh, but that's you know, it's asking


3882
03:18:47.400 --> 03:18:50.200
too much right? We just can't do that. But that's


3883
03:18:50.200 --> 03:18:52.200
okay. So I got it I survived.


3884
03:18:53.300 --> 03:18:56.200
And that's fine. But you know,


3885
03:18:56.200 --> 03:18:57.900
I'm not the vast majority.


3886
03:18:58.700 --> 03:19:01.200
The vast majority are not going to be able


3887
03:19:01.200 --> 03:19:03.700
to get paid regardless.


3888
03:19:04.500 --> 03:19:08.400
And and stay home and be comfortable and


3889
03:19:07.400 --> 03:19:09.300
not worry about anything.


3890
03:19:10.100 --> 03:19:14.900
That's you know, all the only thing I was worried about was just


3891
03:19:13.900 --> 03:19:16.300
getting back to work in a


3892
03:19:16.300 --> 03:19:16.600
week or so.


3893
03:19:17.300 --> 03:19:19.300
And that was it. I didn't have to worry about anything else.


3894
03:19:20.100 --> 03:19:21.700
I think that is not.


3895
03:19:22.900 --> 03:19:25.700
Realistic for most of the people that are employees


3896
03:19:25.700 --> 03:19:29.300
in California by probably 90% I don't


3897
03:19:29.300 --> 03:19:32.200
have that luxury and I think


3898
03:19:32.200 --> 03:19:36.000
we have to take care of that exclusion pay and I think we're


3899
03:19:35.100 --> 03:19:38.000
not going to get on the other side of this till we're on the


3900
03:19:38.100 --> 03:19:40.000
other side of it and we don't know when that's going to be.


3901
03:19:40.700 --> 03:19:43.400
We just don't know and I think the protections are


3902
03:19:43.400 --> 03:19:46.200
there because they need to be there. And we've


3903
03:19:46.200 --> 03:19:49.600
said this I don't know how many times before it's over. We're


3904
03:19:49.600 --> 03:19:52.000
done. That's not true. You know,


3905
03:19:52.800 --> 03:19:54.400
it will be done with it when it's done.


3906
03:19:55.300 --> 03:19:58.300
Right. I mean that's the only way you can look at it because every time


3907
03:19:58.300 --> 03:20:01.800
we think it's about Winners coming up here we go again, you


3908
03:20:01.800 --> 03:20:04.700
know to be the same thing and it may be this very will


3909
03:20:04.700 --> 03:20:05.200
not be that bad.


3910
03:20:06.300 --> 03:20:10.400
Or maybe it'll just go away at some point. But and I


3911
03:20:10.400 --> 03:20:13.400
I understand where business is coming from. This is not fun for


3912
03:20:13.400 --> 03:20:16.700
you guys. I'm a business person


3913
03:20:16.700 --> 03:20:20.000
too. I'm not just I don't


3914
03:20:19.400 --> 03:20:22.200
rep just represent employees. There's part


3915
03:20:22.200 --> 03:20:26.300
of it that there's a business attached to it where I have to worry about employees


3916
03:20:25.300 --> 03:20:28.600
and how they're going to get paid and


3917
03:20:28.600 --> 03:20:31.300
how they're going to be protected where I'm


3918
03:20:31.300 --> 03:20:34.100
on the management side. So, you know,


3919
03:20:34.100 --> 03:20:37.900
I understand where you're coming from. This is not easy and


3920
03:20:37.900 --> 03:20:39.500
I think everybody wants to do the best thing.


3921
03:20:40.600 --> 03:20:44.400
Right. Everybody wants to do the best thing and I think


3922
03:20:44.400 --> 03:20:47.300
if we look at it in that vein, we can come to an understanding.


3923
03:20:48.100 --> 03:20:50.100
that you know we have to


3924
03:20:51.300 --> 03:20:54.500
business has to protect the employees employees have


3925
03:20:54.500 --> 03:20:57.900
to do what's right to not get infected and


3926
03:20:57.900 --> 03:21:00.800
get other people infected. I mean it it works


3927
03:21:00.800 --> 03:21:03.200
both ways and the less we're all in


3928
03:21:03.200 --> 03:21:06.600
it together. It's not gonna we can't be fighting against each


3929
03:21:06.600 --> 03:21:06.600
other.


3930
03:21:07.500 --> 03:21:10.600
So I would suggest that we get some exclusion


3931
03:21:10.600 --> 03:21:11.200
pan there.


3932
03:21:11.900 --> 03:21:12.100
and


3933
03:21:13.900 --> 03:21:16.400
other than that, I think most of what you have said is


3934
03:21:16.400 --> 03:21:18.200
reasonable. It's not always easy.


3935
03:21:19.200 --> 03:21:19.400
but it's


3936
03:21:21.100 --> 03:21:23.700
but that's those are my comments. So


3937
03:21:24.600 --> 03:21:26.000
but he also have any comments.


3938
03:21:30.600 --> 03:21:33.600
Up Barbara. Yeah. I just wanted to mention that


3939
03:21:33.600 --> 03:21:34.500
I support.


3940
03:21:37.500 --> 03:21:40.400
Tightening up that close contact definition as well.


3941
03:21:40.400 --> 03:21:44.400
II think that Pampers purse


3942
03:21:43.400 --> 03:21:46.200
Marcel's comments about trying to get it


3943
03:21:46.200 --> 03:21:49.200
as quantifiable as possible. I'm not quite sure whether we


3944
03:21:49.200 --> 03:21:51.400
should add proximity back into that.


3945
03:21:52.200 --> 03:21:55.600
Definition but I do think there needs to be some tightening


3946
03:21:55.600 --> 03:21:59.100
up of that definition and likewise. I want


3947
03:21:58.100 --> 03:22:01.800
to echo the comment made by Rebecca


3948
03:22:01.800 --> 03:22:04.600
Ryan who works with Eloni and


3949
03:22:04.600 --> 03:22:05.200
Foothill College.


3950
03:22:06.600 --> 03:22:09.700
Is a contact tracing and also the HR individual


3951
03:22:09.700 --> 03:22:13.300
who talked about the amount of work that contact tracing takes.


3952
03:22:12.300 --> 03:22:16.400
I don't think it's important


3953
03:22:15.400 --> 03:22:18.900
to maintain a list of contact


3954
03:22:18.900 --> 03:22:21.500
Trace having done a lot of contact tracing. I


3955
03:22:21.500 --> 03:22:24.800
don't think I think Group contact tracing with


3956
03:22:24.800 --> 03:22:27.900
email notification has been the the mode


3957
03:22:27.900 --> 03:22:30.900
especially ever since the January December January


3958
03:22:30.900 --> 03:22:33.300
surge with Omicron. You just


3959
03:22:33.300 --> 03:22:36.300
can't it's so resource intensive. So I would hope


3960
03:22:36.300 --> 03:22:39.800
that that contact tracing is modified in


3961
03:22:39.800 --> 03:22:40.500
the next draft.


3962
03:22:41.400 --> 03:22:41.800
Thank you.


3963
03:22:43.200 --> 03:22:44.300
And just one other thing.


3964
03:22:46.300 --> 03:22:46.900
a lot of


3965
03:22:47.700 --> 03:22:50.900
it's been mentioned about you know, what other


3966
03:22:50.900 --> 03:22:53.800
states are doing. Frankly. I


3967
03:22:53.800 --> 03:22:56.100
don't care what Texas is doing. I don't


3968
03:22:56.100 --> 03:22:59.400
care what Florida is doing or Wyoming or North Dakota


3969
03:22:59.400 --> 03:23:02.200
or South Dakota. I don't care because they're not


3970
03:23:02.200 --> 03:23:05.000
California. We're way ahead of them. I mean


3971
03:23:05.300 --> 03:23:07.900
you talk about looking out in the future. We're way ahead of them.


3972
03:23:08.300 --> 03:23:11.500
And we're not going to be them. So that's


3973
03:23:11.500 --> 03:23:14.500
my feeling about other states. We've always


3974
03:23:14.500 --> 03:23:17.300
been in the Forefront ahead of everybody


3975
03:23:17.300 --> 03:23:18.700
as far as


3976
03:23:20.300 --> 03:23:21.400
protecting employees


3977
03:23:22.500 --> 03:23:25.400
I remember when we lost it. I remember when when there was


3978
03:23:25.400 --> 03:23:27.100
no calcia for about a year.


3979
03:23:28.400 --> 03:23:31.300
And fedo she was going to take over everything. I remember that.


3980
03:23:34.200 --> 03:23:37.600
And you know people of California decided it


3981
03:23:37.600 --> 03:23:38.900
was worth it to have our own.


3982
03:23:39.600 --> 03:23:41.400
So that's where we've been ever since.


3983
03:23:42.100 --> 03:23:44.300
Anyway, that's all I got go ahead Chris.


3984
03:23:45.200 --> 03:23:48.500
Yeah, just real quickly. I mean the comment about calibrating with


3985
03:23:48.500 --> 03:23:51.400
other states. It's not you just want to clarify. It's


3986
03:23:51.400 --> 03:23:54.500
not competition. It's really an opportunity to learn


3987
03:23:54.500 --> 03:23:57.200
new approaches a new ways of doing things


3988
03:23:57.200 --> 03:24:00.500
to address the same issue that we have. So


3989
03:24:00.500 --> 03:24:03.900
just for clarification day. No, II didn't


3990
03:24:03.900 --> 03:24:04.100
mean that.


3991
03:24:05.100 --> 03:24:07.900
Any other way other than I think we're the best state.


3992
03:24:08.800 --> 03:24:09.300
That's all.


3993
03:24:11.200 --> 03:24:12.200
Anything anything else?


3994
03:24:13.400 --> 03:24:16.700
I just had a response to the close contact at Barber


3995
03:24:16.700 --> 03:24:19.000
talked about the regulation itself says


3996
03:24:20.200 --> 03:24:23.400
the employer shall notify employees and independent contractors who


3997
03:24:23.400 --> 03:24:24.200
had close contact.


3998
03:24:25.200 --> 03:24:28.200
As well as any employee or with an employee who had close


3999
03:24:28.200 --> 03:24:31.900
contact someone or the comment was this prohibits


4000
03:24:31.900 --> 03:24:34.500
group. Not a notification. That's not correct. You


4001
03:24:34.500 --> 03:24:37.600
can do group notification. This isn't very


4002
03:24:37.600 --> 03:24:39.600
specific just as you have to notify.


4003
03:24:40.500 --> 03:24:43.200
The employees doesn't say how to notify them. Can you


4004
03:24:43.200 --> 03:24:46.300
say that again? Because doesn't say how to notify employees. There's


4005
03:24:46.300 --> 03:24:49.300
like been comments saying that requires this real onerous.


4006
03:24:50.100 --> 03:24:52.700
Work and just says make sure all the employees get notified.


4007
03:24:53.800 --> 03:24:56.700
That's all it says the key Eric the


4008
03:24:56.700 --> 03:24:59.100
key comment was or correct me if


4009
03:24:59.100 --> 03:25:02.400
I'm wrong, but I read about that. You have to keep records of


4010
03:25:02.400 --> 03:25:04.700
individual contacts for two years.


4011
03:25:05.900 --> 03:25:08.400
Yeah, the records requirement is different. I'm just


4012
03:25:08.400 --> 03:25:11.200
talking about notifying employees that can be


4013
03:25:11.200 --> 03:25:14.200
done. We're going to get that list of contacts if you're not going


4014
03:25:14.200 --> 03:25:14.700
to interview them.


4015
03:25:18.100 --> 03:25:22.000
But that sorry I was looking I was reading yeah, I just was again, what


4016
03:25:21.200 --> 03:25:24.100
is the value of keeping these lists of


4017
03:25:24.100 --> 03:25:27.100
contacts for two years? Oh the record keeping requirement.


4018
03:25:27.100 --> 03:25:29.500
Yeah. Bueno. We'll take a look at that. Thanks.


4019
03:25:30.600 --> 03:25:32.500
Okay. Thank you, and I'm sorry for


4020
03:25:34.600 --> 03:25:35.000
just a record.


4021
03:25:39.200 --> 03:25:42.200
Keep choirs individual interviews of everybody or is it


4022
03:25:42.200 --> 03:25:46.400
more just keeping a record of who is defined who received


4023
03:25:45.400 --> 03:25:48.400
that notice that was a group notice for


4024
03:25:48.400 --> 03:25:50.800
everybody who was determined to be in close contact?


4025
03:25:53.300 --> 03:25:56.700
Well, I don't know how it's going to be interpreted as


4026
03:25:56.700 --> 03:25:59.800
a as an enforceable issue, but how


4027
03:25:59.800 --> 03:26:03.900
it reads to me is that you would


4028
03:26:03.900 --> 03:26:06.500
have the individual send a


4029
03:26:06.500 --> 03:26:09.200
list of who they've been in contact with right now


4030
03:26:09.200 --> 03:26:12.900
that notifications tend to go by department and


4031
03:26:12.900 --> 03:26:15.500
if indeed the individual employee


4032
03:26:15.500 --> 03:26:18.600
was on the work site during their infectious period And so


4033
03:26:18.600 --> 03:26:21.500
then you posted on a public website that you also send


4034
03:26:21.500 --> 03:26:24.300
email notifications that tend to


4035
03:26:24.300 --> 03:26:28.100
be as people have commented quite frequent saying


4036
03:26:27.100 --> 03:26:30.800
you may have been exposed to but keeping


4037
03:26:30.800 --> 03:26:33.500
lists of all those peopl e doesn't that you've


4038
03:26:33.500 --> 03:26:36.600
sent this list to it's not a specific list how


4039
03:26:36.600 --> 03:26:39.500
we used to do contact tracing is that you would have a specific


4040
03:26:39.500 --> 03:26:42.700
list and you would make contact with each of those individuals


4041
03:26:42.700 --> 03:26:46.000
to ascertain if indeed they had 15 minutes


4042
03:26:45.400 --> 03:26:48.600
and within six feet if they had actually an


4043
03:26:48.600 --> 03:26:51.500
exposure and at that point if it was high risk


4044
03:26:51.500 --> 03:26:53.000
exposure, you would take them out of the work.


4045
03:26:53.500 --> 03:26:57.200
I mean, it was very very intensive and took


4046
03:26:56.200 --> 03:26:59.200
a lot of resources. So but what is


4047
03:26:59.200 --> 03:27:00.400
the value of keeping?


4048
03:27:02.200 --> 03:27:05.900
A contact tracing list for every positive employee.


4049
03:27:05.900 --> 03:27:08.400
That's how I interpreted that and maybe I'm


4050
03:27:08.400 --> 03:27:09.700
over interpreting the language.


4051
03:27:10.500 --> 03:27:11.100
for two years


4052
03:27:12.100 --> 03:27:13.300
yeah, so Eric, that sounds


4053
03:27:14.200 --> 03:27:14.500
so bad would


4054
03:27:14.700 --> 03:27:17.200
benefit from and and I may


4055
03:27:17.200 --> 03:27:17.500
be a little bit of


4056
03:27:18.300 --> 03:27:18.900
confused something new


4057
03:27:19.100 --> 03:27:22.200
Is that continuing a requirement that exists or it's a new


4058
03:27:22.200 --> 03:27:25.100
one? Because I know for example where I work we get


4059
03:27:25.100 --> 03:27:28.300
almost daily notices email notices that there's been an


4060
03:27:28.300 --> 03:27:32.400
exposure at University California Berkeley. So


4061
03:27:31.400 --> 03:27:34.200
so maybe I mean clearly I


4062
03:27:34.200 --> 03:27:37.000
don't know whether there's answers you have now but this is


4063
03:27:37.300 --> 03:27:40.300
clearly something that further just if it's if it's existing


4064
03:27:40.300 --> 03:27:43.000
now further clarification in the FAQ if it's


4065
03:27:43.400 --> 03:27:46.300
needed or if it's a new provision further explanation of


4066
03:27:46.300 --> 03:27:49.400
how that would work so that people might so that everybody's


4067
03:27:49.400 --> 03:27:50.800
interpreting it appropriately.


4068
03:27:54.400 --> 03:27:55.900
Okay. Yeah, we'll take a closer. Mira eso.


4069
03:27:56.700 --> 03:27:59.400
You know what? We're gonna have to move on because I know Chris has


4070
03:27:59.400 --> 03:28:02.200
got to go and we got a little business to take


4071
03:28:02.200 --> 03:28:02.900
care of so.


4072
03:28:03.700 --> 03:28:06.100
They're being no other persons coming


4073
03:28:06.100 --> 03:28:09.500
forward to testifying this matter. The public hearing is


4074
03:28:09.500 --> 03:28:12.300
closed written comments will be received until 5pm today.


4075
03:28:12.300 --> 03:28:13.200
Thank you.


4076
03:28:14.300 --> 03:28:17.000
We will now proceed with the business meeting the purpose of


4077
03:28:17.100 --> 03:28:20.200
the business meeting is allow the board to vote on matters before and to


4078
03:28:20.200 --> 03:28:23.400
receive briefings from staff regarding the issues listed on


4079
03:28:23.400 --> 03:28:26.100
the business meeting. Agenda public comment is


4080
03:28:26.100 --> 03:28:30.000
not accepted during the business meeting less a member of the board specifically requires


4081
03:28:29.000 --> 03:28:31.600
public input.


4082
03:28:32.400 --> 03:28:35.100
The proposed variance decisions for adoption or


4083
03:28:35.100 --> 03:28:38.400
listed on the consent calendar Ms. Gonzalez. Will


4084
03:28:38.400 --> 03:28:39.100
you please brief?


4085
03:28:40.200 --> 03:28:43.800
Thank you chair Thomas. We have proposed variance decisions


4086
03:28:43.800 --> 03:28:46.300
one through twenty and I'll note that 20 is


4087
03:28:46.300 --> 03:28:49.700
a recommended grant for the board's consideration


4088
03:28:49.700 --> 03:28:50.800
and possible adoption.


4089
03:28:54.100 --> 03:28:56.200
Are there any questions for Miss Gonzalez?


4090
03:28:57.500 --> 03:29:00.400
And I will entertain a motion for two dot


4091
03:29:00.400 --> 03:29:03.200
the consent calendar one through 20 and 20 was


4092
03:29:03.200 --> 03:29:03.600
a grant.


4093
03:29:04.300 --> 03:29:04.700
Correct.


4094
03:29:05.800 --> 03:29:06.600
Have a motion.


4095
03:29:07.400 --> 03:29:10.400
I so move second second. Have a


4096
03:29:10.400 --> 03:29:11.600
second of a motion a second.


4097
03:29:18.700 --> 03:29:20.900
Miss money, can you confirm the first and the second?


4098
03:29:24.200 --> 03:29:27.700
I have Miss Crawford as the motion and Miss


4099
03:29:27.700 --> 03:29:29.200
stock as a second, is that correct?


4100
03:29:30.700 --> 03:29:33.100
No, no, I think it was a cat.


4101
03:29:36.200 --> 03:29:39.400
I think it was Chris and then Kate. Yeah, Chris


4102
03:29:39.400 --> 03:29:39.800
and Kate.


4103
03:29:49.100 --> 03:29:52.300
I have all the role you got it. I have


4104
03:29:52.300 --> 03:29:55.700
the motion as Miss. Lassus Davis and the


4105
03:29:55.700 --> 03:29:57.800
second as Ms Crawford, correct?


4106
03:29:58.800 --> 03:29:59.500
Correct.


4107
03:30:00.800 --> 03:30:01.600
Miss Burgle


4108
03:30:02.500 --> 03:30:02.800
I


4109
03:30:03.900 --> 03:30:04.400
preferred


4110
03:30:05.300 --> 03:30:05.600
I


4111
03:30:07.400 --> 03:30:08.000
this last is Davis.


4112
03:30:08.800 --> 03:30:09.100
I


4113
03:30:10.000 --> 03:30:10.500
talk


4114
03:30:11.400 --> 03:30:15.300
I Chairman Thomas the motion passes.


4115
03:30:16.200 --> 03:30:19.400
Division updates Mr. Berg. Will


4116
03:30:19.400 --> 03:30:20.200
you please read the report?


4117
03:30:21.200 --> 03:30:24.800
No other updates at this time. Gracias. It's so


4118
03:30:24.800 --> 03:30:27.700
there will be no questions for Mr. Brooks. Hope not.


4119
03:30:28.300 --> 03:30:31.400
Well, just note for the record that board member Chris Lacyzs-Davis


4120
03:30:31.400 --> 03:30:34.100
has had to leave we still have a quorum though.


4121
03:30:35.800 --> 03:30:38.900
Let's legislative update Miss Gonzalez.


4122
03:30:38.900 --> 03:30:39.000
We


4123
03:30:40.600 --> 03:30:41.200
good question.


4124
03:30:41.300 --> 03:30:44.200
Just an update around where the indoor heat standard is.


4125
03:30:44.200 --> 03:30:45.400
That's a quick one.


4126
03:30:46.100 --> 03:30:49.600
Mr. Berg, um to come


4127
03:30:49.600 --> 03:30:51.700
back and forth between the Standards Board and us I think it's


4128
03:30:52.600 --> 03:30:54.900
I forget where it is now Christina. Is it with you guys? Pienso.


4129
03:30:55.900 --> 03:30:58.900
Yeah, so it's with us right now. We've been


4130
03:30:58.900 --> 03:31:01.200
making very good progress on it. But we've also been


4131
03:31:01.200 --> 03:31:03.000
working on the lead standard as well.


4132
03:31:03.900 --> 03:31:06.400
And I have some more information on the activities for board


4133
03:31:06.400 --> 03:31:06.600
staff.


4134
03:31:07.700 --> 03:31:09.400
in the executive officers report


4135
03:31:11.300 --> 03:31:11.500
Thank you.


4136
03:31:12.800 --> 03:31:15.400
Um legislative update Miss Gonzalez. Thank you


4137
03:31:15.400 --> 03:31:16.000
chair, Thomas.


4138
03:31:17.100 --> 03:31:20.400
Since we provided you this update on September 6th.


4139
03:31:20.400 --> 03:31:23.200
We had some movement ab-257, which


4140
03:31:23.200 --> 03:31:24.000
is the fast food.


4141
03:31:24.800 --> 03:31:27.200
Facilities and employment bill was signed


4142
03:31:27.200 --> 03:31:31.000
by the governor as was ABC 1643.


4143
03:31:32.300 --> 03:31:35.500
AB 1775 has been


4144
03:31:35.500 --> 03:31:36.700
presented to the governor.


4145
03:31:37.600 --> 03:31:40.500
And ABC2243, which


4146
03:31:40.500 --> 03:31:43.500
is the Wildfire smoke has also been presented


4147
03:31:43.500 --> 03:31:44.200
to the governor.


4148
03:31:46.300 --> 03:31:50.100
Thank you questions for Miss Gonzalez. Sí. This


4149
03:31:49.100 --> 03:31:51.100
is our automation.


4150
03:31:56.600 --> 03:31:59.400
Kiddated, but I'm curious to see about the fast food


4151
03:31:59.400 --> 03:32:03.100
accountability act and what impact that will have on how board


4152
03:32:02.100 --> 03:32:05.400
activities and regulations and what's


4153
03:32:05.400 --> 03:32:08.900
the overlap between the work of those councils and and our


4154
03:32:08.900 --> 03:32:11.000
work. So if you had a


4155
03:32:11.100 --> 03:32:14.300
quick answer to that otherwise, maybe we could add that to a future


4156
03:32:14.300 --> 03:32:14.800
agenda.


4157
03:32:16.300 --> 03:32:19.000
Sure, I mean just quickly. It sounds like the way the council is going to


4158
03:32:19.200 --> 03:32:22.200
work is they're going to present in sort of a petition


4159
03:32:22.200 --> 03:32:25.500
fashion ideas for standards for the


4160
03:32:25.500 --> 03:32:28.700
the board to consider. So they they


4161
03:32:28.700 --> 03:32:31.700
don't have overlapping jurisdiction per se


4162
03:32:31.700 --> 03:32:34.300
but they will be coming to the board with ideas about new


4163
03:32:34.300 --> 03:32:37.500
standards, which will potentially bring new


4164
03:32:37.500 --> 03:32:38.400
new work to you.


4165
03:32:40.500 --> 03:32:41.100
Thank you.


4166
03:32:42.500 --> 03:32:44.800
Executive off. Oh any other questions


4167
03:32:46.500 --> 03:32:49.300
Executive Officers Report. I miss you. Will you


4168
03:32:49.300 --> 03:32:49.400
please?


4169
03:32:51.800 --> 03:32:52.200
Thomas


4170
03:32:53.000 --> 03:32:53.300
so


4171
03:32:54.100 --> 03:32:57.400
Before we get too far into it. I just want to take a minute. I'm very


4172
03:32:57.400 --> 03:33:00.100
pleased to introduce the Standard Board's newest employee.


4173
03:33:01.500 --> 03:33:04.900
A Jessie Maury. She has joined us. She'll be our Personnel Specialist


4174
03:33:04.900 --> 03:33:06.500
and she's here at the meeting with us today.


4175
03:33:07.400 --> 03:33:10.600
Her primary responsibility will be to help


4176
03:33:10.600 --> 03:33:13.100
us fill our vacant position. So yay.


4177
03:33:15.400 --> 03:33:18.900
She comes to us from the private sector and she brings an


4178
03:33:18.900 --> 03:33:21.400
excellent Foundation of experience in both


4179
03:33:21.400 --> 03:33:25.000
personnel and private sector administrative management, and


4180
03:33:24.200 --> 03:33:27.500
she's already helped move several of our hiring


4181
03:33:27.500 --> 03:33:29.800
packages forward. So she's very much hit the ground running.


4182
03:33:30.700 --> 03:33:32.400
And very pleased on that note.


4183
03:33:33.500 --> 03:33:36.800
Which brings me directly to our second item? The Standards


4184
03:33:36.800 --> 03:33:39.400
Board is currently accepting applications to


4185
03:33:39.400 --> 03:33:42.300
fill the permanent principal safety engineer. They can


4186
03:33:42.300 --> 03:33:45.500
see Mr. Smith has been filling in very graciously


4187
03:33:45.500 --> 03:33:48.000
as a retired annuitant, but unfortunately has told me


4188
03:33:48.200 --> 03:33:50.400
that is got an expiration date on it.


4189
03:33:53.600 --> 03:33:56.800
The window to submit applications for the permanent PSE


4190
03:33:56.800 --> 03:33:59.600
position is closes on September 20th


4191
03:33:59.600 --> 03:34:02.300
at which point will move to review of applications and


4192
03:34:02.300 --> 03:34:03.700
eventually an interview process.


4193
03:34:04.500 --> 03:34:07.500
Anyone wishing to apply should review the job posting


4194
03:34:07.500 --> 03:34:10.000
on the Cal careers website for Specific Instructions.


4195
03:34:11.400 --> 03:34:14.300
And then Barbara I promised I would speak a little bit more on what


4196
03:34:14.300 --> 03:34:18.500
our staff has been up to over the past month OSHSB staff


4197
03:34:18.500 --> 03:34:21.900
hosted an advisory committee meeting on August 31st to


4198
03:34:21.900 --> 03:34:24.600
consider updates to section 1630. This is


4199
03:34:24.600 --> 03:34:26.400
for elevators used in construction.


4200
03:34:28.900 --> 03:34:31.700
And some of


4201
03:34:31.700 --> 03:34:34.300
the board members may recall that we received a form 9 on


4202
03:34:34.300 --> 03:34:37.100
this several years ago from the division identifying it as a


4203
03:34:37.100 --> 03:34:40.300
regulation that was in need of update. We also received a petition


4204
03:34:40.300 --> 03:34:43.600
from both management and labor stakeholders requesting


4205
03:34:43.600 --> 03:34:46.600
the 1630 be updating. So this will


4206
03:34:46.600 --> 03:34:49.600
making has a lot of support moving forward


4207
03:34:49.600 --> 03:34:51.900
and we wanted to make sure that AC happened.


4208
03:34:52.600 --> 03:34:56.200
And then on October 13th and 14th OSHSB staff


4209
03:34:56.200 --> 03:34:59.500
will be hosting a second advisory committee to consider changes


4210
03:34:59.500 --> 03:35:03.100
related to walking working surfaces regulations. These


4211
03:35:02.100 --> 03:35:05.300
are General Industry regulations that impact


4212
03:35:05.300 --> 03:35:08.600
pretty much every every employment space in


4213
03:35:08.600 --> 03:35:10.400
California. So this is a massive undertaking.


4214
03:35:11.200 --> 03:35:14.300
And it's in response to changes in Federal Regulations. So


4215
03:35:14.300 --> 03:35:17.700
we want to make sure that we bring our California standards up


4216
03:35:17.700 --> 03:35:20.800
to make sure they're at least as effective as the


4217
03:35:20.800 --> 03:35:21.800
federal standards.


4218
03:35:23.600 --> 03:35:25.200
So I have any questions from the board.


4219
03:35:28.600 --> 03:35:31.500
Yes, Christina. Do you have anything more you could add around the indoor heat?


4220
03:35:31.500 --> 03:35:35.000
Just I know you were gonna be touching on that. So it's


4221
03:35:34.300 --> 03:35:37.700
in the it's in your it's with


4222
03:35:37.700 --> 03:35:40.600
your staff now and clearly you have a lot on your plate. But


4223
03:35:40.600 --> 03:35:43.500
with that, is there any update you can give about when


4224
03:35:43.500 --> 03:35:46.600
that might your work on it might be completed and


4225
03:35:46.600 --> 03:35:48.000
when we might see something.


4226
03:35:49.600 --> 03:35:52.700
So it hasn't yet been submitted for SAR submission. What


4227
03:35:52.700 --> 03:35:55.200
we're doing right now is we're finalizing the package that will


4228
03:35:55.200 --> 03:35:58.600
go over to the labor secretary for review and approval once


4229
03:35:58.600 --> 03:36:02.000
it is approved by the labor secretary and there


4230
03:36:01.500 --> 03:36:04.300
isn't a fixed timeline on that. Once that


4231
03:36:04.300 --> 03:36:07.700
occurs, then we'll provide it for public notice and then you'll hold a


4232
03:36:07.700 --> 03:36:10.200
public hearing so I wouldn't expect to see


4233
03:36:10.200 --> 03:36:12.800
anything come before the board until next year.


4234
03:36:13.800 --> 03:36:16.500
But I can tell you that we are very close to our submission.


4235
03:36:16.500 --> 03:36:17.600
We've been making great progress.


4236
03:36:18.300 --> 03:36:21.200
And in fact the the lead regulations which have also been in


4237
03:36:21.200 --> 03:36:24.300
the works for quite some time. We're expecting those


4238
03:36:24.300 --> 03:36:26.600
to go for SAR submission within the week.


4239
03:36:29.500 --> 03:36:29.900
Yeah.


4240
03:36:31.200 --> 03:36:32.200
The questions. Gracias.


4241
03:36:35.200 --> 03:36:37.000
A future agenda items I think.


4242
03:36:39.500 --> 03:36:42.300
You have any questions about


4243
03:36:42.300 --> 03:36:44.900
future agenda items board members?


4244
03:36:46.600 --> 03:36:48.000
oh, man, where's the


4245
03:36:48.600 --> 03:36:51.100
so lead will be submitted for


4246
03:36:51.100 --> 03:36:54.200
SAR approval review and approval probably within the next


4247
03:36:54.200 --> 03:36:54.600
week.


4248
03:36:57.400 --> 03:36:58.000
the other questions


4249
03:37:00.600 --> 03:37:04.500
I just wanted to keep the the whole issue of those Avalanche remote


4250
03:37:03.500 --> 03:37:06.600
Avalanche Control Systems. I


4251
03:37:06.600 --> 03:37:10.300
know that they need an advisory committee, and


4252
03:37:09.300 --> 03:37:10.700
I know that.


4253
03:37:11.500 --> 03:37:14.300
It's sort of currently tabled but I just would like an update


4254
03:37:14.300 --> 03:37:17.800
on that just not to lose sight of those constituents who


4255
03:37:17.800 --> 03:37:21.300
spoke several months ago. Absolutely and


4256
03:37:20.300 --> 03:37:23.300
and I want to assure the board that we are not


4257
03:37:23.300 --> 03:37:26.200
losing side of that issue. That's one of the reasons we're


4258
03:37:26.200 --> 03:37:29.900
so grateful to have Miss Mowry on staff because part


4259
03:37:29.900 --> 03:37:33.400
of what we're facing is resource crunch. We


4260
03:37:32.400 --> 03:37:35.400
need to prioritize we're making packages that


4261
03:37:35.400 --> 03:37:35.700
we have.


4262
03:37:36.500 --> 03:37:39.100
And as we fill our vacancies as


4263
03:37:39.100 --> 03:37:42.400
we fill that permanent, principal safety engineer


4264
03:37:42.400 --> 03:37:45.600
position and as we fill our vacant senior safety engineers, and


4265
03:37:45.600 --> 03:37:48.600
as we add in administrative support for those engineer


4266
03:37:48.600 --> 03:37:51.900
positions will be able to start addressing additional


4267
03:37:51.900 --> 03:37:53.900
role making packages such as Avalanche.


4268
03:37:57.500 --> 03:37:58.300
the questions


4269
03:38:00.200 --> 03:38:03.300
thing that there are none the next Standards Board regular


4270
03:38:03.300 --> 03:38:07.300
meeting is scheduled for October 20th, 2022 in


4271
03:38:07.300 --> 03:38:10.400
San Diego and Via teleconference and video conference.


4272
03:38:11.300 --> 03:38:14.200
Please visit our website and join our mailing list


4273
03:38:14.200 --> 03:38:17.400
to receive the latest updates. Thank you


4274
03:38:17.400 --> 03:38:20.400
for your tenants today. They're being no further business to attend


4275
03:38:20.400 --> 03:38:20.600
to.


4276
03:38:23.100 --> 03:38:23.400
Thank you.