Cal/OSHA Proposed Updates to Current COVID-19 Emergency Temporary Standard

On June 3, 2021, the Cal/OSH Standards Board held an emergency meeting to address Cal/OSHA’s proposed updates to the current COVID-19 Emergency Temporary Standard (ETS). The meeting was attended by as many as 800 participants and lasted well into the evening because of significant public commentary. After conclusion of public comment, the Board openly deliberated over the proposed updates to the ETS. In its first vote, the Board decided to reject the update. However, after a brief recess, and ensuing discussion over the repercussions of leaving the current ETS in place, the Board reversed its vote, and approved the proposed update to the ETS. The updated language will now proceed to the Office of Administrative Law for expected approval, and likely will be in place (and enforceable) by June 15, 2021.

What does that mean for employers? In short, the current ETS will be updated to reflect the Division’s changes to various sections of the ETS regulations. The updates include, but are not limited to, provisions for vaccinated employees, changes to distancing and barrier requirements, the necessity of employers to acquire N95 masks for voluntary use and tracking of employee vaccination status. Some of the changes will not go into effect until July 31, 2021.

Notably, the changes to the ETS do not coincide with current CDC and CDPH guidance and will likely be in conflict with the governor’s announced intentions to fully open California’s economy on June 15, 2021. Regardless of the inconsistencies, expect Cal/OSHA to enforce the ETS as written. As such, we highly recommend that you review the new regulatory language and prepare for the enforcement changes. 

You can find the updated language here: 
https://www.dir.ca.gov/OSHSB/documents/Jun032021-COVID-19-Prevention-Emergency-txtcourtesy-Readoption.pdf

You can find the current ETS standards here: https://www.dir.ca.gov/Title8/sb7intro.html

Lastly, the Board stated that it plans to convene an advisory committee to assist the Division in creating further updates to the ETS to better align with CDC, CDPH and state guidance. Expect that process to take several months. We continue to recommend that employers be involved in this process. 

You can find all Standard Board meeting information here: https://www.dir.ca.gov/oshsb/mtgsch.html