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California Statewide Law Enforcement Association

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CSLEA Meets with DMV to Discuss the CalOSHA Special Order

Posted on May 20, 2021

On May 12, 2021 CalOHSA issued a Special Order requiring DMV to provide and ensure the use of N95 respirators by examiners while performing drive tests and requiring examiners to be fit tested with the N95 respirator. The purpose of the fit test is to assure that the mask fits and seals properly so potentially contaminated air cannot leak into the mask and so hazardous substances are kept out.  A fit test may require those examiners with facial hair to fail the fit test as many types of facial hair could impede a proper seal.  CSLEA believes that many examiners may welcome this added safety equipment to be available for drive tests during this pandemic.  However, CSLEA also understands that there will be many examiners that would object the mandatory use of the N95 mask and the related fit test requirement due to medical, religious and personal appearance reasons.  As such, we are pleased to know that CalOHSA included an exception to this rule.  CalOSHA states that any examiner that is fully vaccinated would not have to wear a N95 mask or pass a fit test.  Therefore, these vaccinated examiners would be able to continue to wear a face covering of their choice while performing drives.

CSLEA met with DMV earlier this week to discuss the impact of the CalOSHA Special Order on examiners and is planning to work with DMV on how to handle non-vaccinated examiners that may have a medical, religious, personal appearance, or other reason to not wear an N95 mask and/or submit to a fit test requirement.  However, prior to having further discussions with DMV, both CSLEA and DMV are trying to determine just how many examiners are vaccinated throughout the state.  CSLEA encourages all examiners to consider becoming vaccinated.  As you know DMV provides two (2) hours of Administrative Time Off (ATO) for each vaccination.  In addition, should you have to miss any time from work due to vaccine related symptoms, you can request the use of Senate Bill 95 COVID-19 Supplemental Paid Sick Leave.  Whether you are or are not vaccinated, CSLEA urges you to participate in the voluntary vaccination survey (via Survey Monkey) that DMV emailed to examiners last week.  This survey should have also been discussed during all Wednesday Morning Meetings this week.  If you did not receive the voluntary vaccination survey, please notify your manager and request that it be provided to you so you can submit your survey responses.

This information is important for CSLEA and DMV to understand the impact of the Special Order to the Examiners and will benefit us all during our continued discussions on the response and implementation of the Special Order and other related matters

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