As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary Standard (ETS). While there had been discussions of revisions to the ETS, it was unclear if Cal OSHA would be able to release such revisions prior to the targeted reopening of California by June 15, 2021.

Last week Cal OSHA updated its guidance on how the ETS mandatory exclusion requirements should be applied to fully vaccinated individuals. Under the guidance, employees who are not fully vaccinated must be excluded from the work site if:

  • The employee is positive for COVID-19, or
  • The employee had a COVID-19 exposure, whether symptomatic or asymptomatic.

As revised, the guidance now provides that a fully vaccinated employee who was exposed to COVID-19 does not have to be excluded from the workplace or quarantined, provided the employee is asymptomatic. If the fully vaccinated employee tests positive for COVID-19 or exhibits COVID-19 symptoms, the employee must be excluded from the worksite.  The agency made this change based on the State of California’s Department of Public Health’s May 3rd guidance, which relieves fully vaccinated individuals from having to quarantine if they do not develop symptoms.

That said, Cal OSHA’s guidance has not relaxed any other precautions under the ETS, like mandatory employee face coverings, social distancing, cleaning and disinfection measures, and testing requirements. Cal OSHA, in fact, expects these preventive measures to remain in place for both unvaccinated and fully vaccinated individuals in the workplace.

Employers should review Cal OSHA’s revised guidance on the ETS as well as watch for frequent updates from Cal OSHA on workplace safety expectations. Cal OSHA is expected to revise the ETS in the coming weeks and release more guidance as employers start working towards the state’s reopening date on June 15, 2021.

Jackson Lewis will continue to monitor changes in COVID-19 guidance and regulations in the workplace. If you have questions about the Cal OSHA ETS or related workplace safety issues, please reach out to the Jackson Lewis attorney with whom you often work or any member of our Workplace Safety and Health Team.

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Photo of Sierra Vierra Sierra Vierra

Sierra Vierra is an associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues.

Sierra Vierra is an associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues. She litigates in federal and state courts, including class and representative actions, and represents employers in administrative proceedings. She also provides preventive advice and counsel on best practices.

Prior to joining Jackson Lewis, Sierra clerked for the Honorable Joe B. Brown and the Honorable John S. Bryant, United States Magistrate Judges for the Middle District of Tennessee.

While in law school, Sierra received the highest grade in 12 courses. Sierra also served as an associate editor of the University of Illinois Law Review and as the editor-in-chief and administrative law columnist for the Illinois Law Update section of the Illinois Bar Journal. She also worked as a research assistant and teaching assistant and represented clients in connection with the University of Illinois Civil Litigation Clinic.

Before entering law school, Sierra worked as a paralegal at the Naval Air Warfare Center Weapons Division Office of General Counsel, where she supported civilian personnel litigation, government procurement, environmental compliance, intellectual property, Freedom of Information Act compliance, and government ethics teams.

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