In October 2022, Governor Newsom announced the California COVID-19 State of Emergency would end on February 28, 2023. While this will phase out some of the tools the state used in handling the COVID-19 pandemic, it does not mean the end of all COVID-19 regulations and requirements for employers. Three illustrative examples are discussed

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. 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.
Cal/OSHA COVID-19 Prevention Non-Emergency Regulations Have Taken Effect as of February 3, 2023
California employers take note: the non-emergency version of the Cal/OSHA COVID-19 Prevention regulations are now in effect.
At the end of 2022, the Cal/OSHA Standards Board voted to adopt the COVID-19 Prevention non-emergency regulations to replace the Emergency Temporary Standard(ETS).
On February 3, 2023, the California Office of Administrative Law approved the non-emergency standard.…
COVID-19 ETS May Be Sunsetting But A New Dawn of a New Permanent Standard is Rising
California Department of Public Health Updates Definition of Close Contact
Previously, the California Department of Public Health (CDPH) had redefined “close contact’ as someone sharing the same indoor airspace with a person who had COVID-19 for a cumulative total of 15 minutes or more over a 24-hour period. This definition had caused issues for employers in particular who needed to comply with notice requirements. These…
Cal/OSHA Releases Updated FAQs & Fact Sheets for Third Readoption of ETS
At the end of April, the Cal/OSHA Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). The revised version of the ETS took effect on May 6, 2022.
As promised when passed, Cal/OSHA has released updated guidance to assist with this version of the ETS that
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300A Alert! Reminder to Post and Report Annual Summary of Work-Related Injuries and Illnesses
California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April 30th. Employers are required to use Cal/OSHA’s Form 300A for this posting.
Employers can find an overview regarding completing both…
Cal/OSHA Again Delays a Vote to Adopt the Federal ETS But Provides Additional Cal/OSHA ETS Guidance
At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal. This comes shortly after the U.S. Supreme Court upheld a stay on the federal Emergency Temporary Standard.
If this feels like déjà vu, you…
Cal/OSHA Proposes to Expand COVID-19 Emergency Temporary Standards Through April 2022
Since the drama in passing the amended COVID-19 Emergency Temporary Standards (ETS) in June, the Cal/OSHA Board has been relatively quiet, though discussing a more permanent COVID-19 Standard. In the meantime, federal OSHA took the spotlight with President Biden’s COVID-19 Action Plan.
Currently, the Cal/OSHA ETS is set to expire on January…
Cal/OSHA’s ETS Self-Quarantine Requirements Slightly Relaxed for Asymptomatic, Unvaccinated Workers Based on New CDPH Guidance
Without any fanfare, Cal/OSHA updated its FAQs for the emergency temporary standards (ETS) on September 21, 2021, to incorporate new guidance from the California Department of Public Health (CDPH).
Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers. The ETS, which governs most workplaces in California, requires a 10-day quarantine period in…
Mask Mandates After State-Wide Mask Recommendations – Are More Restrictions to Follow?
On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the Centers for Disease Control (“CDC”) guidance recommending masking for indoor settings in areas with substantial and high transmission of…