Labor Code 6403.3 requires general acute care hospitals to maintain a stockpile of specified personal protective equipment, beginning April 1, in the amount equal to three months of normal consumption.
Under the law, covered employers must maintain a stockpile of the following equipment:
- N95 filtering facepiece respirators
- Powered air-purifying respirators with high efficiency particulate air filter
- Elastomeric air-purifying respirators and appropriate particulate filters or cartridges
- Surgical masks
- Isolation gowns
- Eye protection
- Shoe coverings
The critical question is how to calculate “three months of normal consumption.”
While CHA believes that amount should be based on 2019 data, Cal/OSHA does not agree. Rather, Cal/OSHA is undertaking emergency rulemaking to define “normal consumption.” Cal/OSHA held a stakeholder meeting on Feb. 19 to obtain input; CHA provided both verbal and written comments. To date, emergency rulemaking has not yet begun, and it is unclear whether emergency regulations will be final by the April 1 deadline. CHA has updated its FAQs accordingly.