Less than 24 hours after the California Department of Public Health’s (CDPH) new mask mandate went into effect, the CDPH updated its guidance to clarify the application of the mandate. Previously, the mandate by the CDPH referenced “indoor public settings” without further definition. In the updated guidance, the CDPH clarifies that “the guidance applies to
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Will They or Won’t They? Cal/OSHA Scheduled to Vote on ETS Readoption
By Sean Paisan on
Posted in California
The federal OSHA COVID-19 Emergency Temporary Standard (ETS) is currently paused while the Sixth Circuit decides its fate. Similarly, Cal/OSHA had previously postponed its discussions of changes to the state’s COVID-19 ETS to see what would happen with OSHA.
However, time is starting to tick on the current Cal/OSHA ETS, which expires on January…
Cal/OSHA Proposes to Expand COVID-19 Emergency Temporary Standards Through April 2022
By Sean Paisan & Sierra Vierra on
Posted in California, Workplace Safety and Health
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…
California’s COVID-19 Employer Reporting Requirements Revised
By Sean Paisan on
Posted in California, Workplace Safety and Health
On October 5, 2021, Governor Newsom signed Assembly Bill 654 (AB 654), which expands the types of employers who are exempt from COVID-19 outbreak reporting requirements. Specifically, under AB 654, employers such as community clinics, adult day health centers, community care facilities, and child daycare facilities are exempt from COVID-19 outbreak reporting required under Assembly…
Cal/OSHA’s ETS Self-Quarantine Requirements Slightly Relaxed for Asymptomatic, Unvaccinated Workers Based on New CDPH Guidance
By Sean Paisan & Sierra Vierra on
Posted in California, Workplace Safety and Health
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…
What’s Next with Cal/OSHA and COVID-19 Standards?
By Sean Paisan on
Posted in California
For now, California employers are beholden to state and local COVID-19 requirements as well as Cal/OSHA’s infamous COVID-19 Emergency Temporary Standards (ETS). The ETS are set to expire on January 14, 2022. However, Cal/OSHA has recently released a draft of a semi-permanent standard for COVID-19.
The current proposal would create a COVID-19 standard that…
Update Your COVID-19 Prevention Program
By Sean Paisan on
Posted in California, Workplace Safety and Health
Under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS), employers are mandated to have a written COVID-19 Prevention Program. In light of the recent revisions to the ETS, Cal/OSHA has released an updated model prevention program. The updated program includes directives for vaccinated and unvaccinated individuals such as face-covering requirements. The new model program also…
Does Collection of Vaccination Information Under Cal/OSHA ETS Trigger the 30 Year Retention Rule?
By Sean Paisan on
Posted in California, Workplace Safety and Health
The simple answer is Cal/OSHA has not clarified if the 30-year retention rule is triggered by requirements of the COVID-19 Emergency Temporary Standards (ETS).
Pursuant to Cal/OSHA’s amended ETS employers are required to document the vaccination status of their employees if the employer intends to allow vaccinated employees to work without a face covering or…
Cal/OSHA Amends COVID-19 Emergency Temporary Standards, Again.
By Sean Paisan & Cressinda D. Schlag on
Posted in California, Workplace Safety and Health
The last few weeks have been quite tense for California employers as they watched the drama unfold with the state’s Department of Industrial Relations’ Division of Occupational Safety and Health (“Cal/OSHA”) over amendments to the standing COVID-19 Emergency Temporary Standards (“ETS”)
In case you missed it: a few weeks ago, Cal/OSHA delayed a vote on…
Cal/OSHA Standards Board Reverses Course on ETS Amendment
By Sean Paisan on
Posted in California
In an emergency meeting on June 9th, the Cal/OSHA Standards Board reversed itself and voted to withdraw the amended COVID-19 Emergency Temporary Standards (ETS) it had just approved on June 3rd. As such, employers will remain governed by the ETS that was passed in November 2020.
The emergency meeting was held so…