Last month, California’s Occupational Safety and Health Standards Board (“OSHSB”) readopted and revised the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”). By and large, OSHSB’s revised ETS retain most of the key requirements of the prior version, which had last been updated last June (as we reported here). However, the revised ETS, which will take effect on January 14th, also aim to conform the existing rules to the latest requirements and recommendations from the California Department of Public Health (“CDPH”). We have summarized some of the more notable updated provisions below:
Clarified Exposure Notification Obligations. The revised ETS clarify the required procedures for employers to notify employees who were potentially exposed to COVID-19 at work. Employers are now required to provide a readily-understandable, written notification that the employee may have been exposed within one business day of the exposure, without revealing any personally identifying information of the underlying COVID-19 case. Employers may notify workers via personal service, email, text message, or any other method that ensures receipt within the one business day deadline.
Expanded Testing Requirements for Exposed Employees. Employers must also provide COVID-19 testing at no cost to employees during paid time to all employees who had a close contact with a COVID-19 case in the workplace—including to fully vaccinated and asymptomatic employees, which is a departure...
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