The pandemic is not over, but it seems to be entering a new phase. Only in retrospect will we know the duration of the latest phase and whether it is the beginning of a return to pre-pandemic normalcy or the beginning of a bump, a wave, or something else.
Here are practices an employer should consider adopting, regardless of how the law responds to this uncertain new phase.
Focus on training
On April 21, the California Occupational Safety and Health Standards Board adopted streamlined COVID-19 emergency temporary standards (ETS). The revised ETS will be effective from early May through the end of this year. The Division of Occupational Safety and Health (Cal-OSHA) posts regularly updated FAQ providing guidance on the ETS which employers periodically should review.
The ETS continue to require employers “to provide effective training and instruction to employees” in 10 areas, but don’t say how such training should be given.
The ETS require employers to instruct their employees about how to participate in identifying and evaluating COVID-19 hazards in their workplaces. To satisfy this mandate, an employer should consider hosting a virtual or in-person meeting to explain what it has done to keep the workplace safe and healthful. The employer should then ask employees to identify potential hazards that may have been overlooked and their ideas about how to address those hazards.
Employers also must educate their employees about COVID-19-related benefits to which employees may...
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