Effect of Exclusion Rules Sample Clauses

Effect of Exclusion Rules. ‌ 4 160. While both the ETS and the CDC use the same metric for their definitions of 5 “exposure” (the CDC uses the term “close contact”) — fifteen cumulative minutes of 6 exposure at a distance of six feet or less over a 24-hour period — the CDC uses this as an 7 “operational definition for contact investigation.” In contrast, the ETS uses it as a per se 8 rule, regardless of environmental factors, such as whether exposure was indoors or 9 outdoors, the duration and proximity of exposure, whether the infected person was 10 coughing, singing, or shouting, or whether the infected person displayed symptoms. 11 161. The CDC recommends testing be among the first tools in preventing or 12 containing the spread of COVID-19. The ETS does not require a positive test to be 13 excluded from the workplace or a negative test to return to work. In fact, the ETS does not 14 permit employers to consider the results of testing or medical examination at all. Once 15 “exposed” and thus excluded, the ETS creates a conclusive (or irrebuttable) presumption 16 that the employee cannot return to work for ten days.59 17 162. Based on guidance promulgated by federal, state, and local authorities 18 (including Cal/OSHA agricultural-specific guidelines first issued on May 14, 2020), many 19 growers have conducted contact tracing whenever an employee tests positive, in addition 20 to reporting the case to county health officers. The ETS presumes that anyone “exposed” 21 may be presumed to be infected and therefore must be excluded from the workplace, thus 22 raising the question as to why it is necessary to do contact tracing in the first place. This 23 mandatory exclusion is not consistent with contact tracing procedures, and may in fact 24