At its upcoming April 21, 2022 meeting, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board will decide whether to readopt the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”), which first went into effect on November 30, 2020. The ETS apply to all employees not covered by Cal/OSHA’s Aerosol Transmissible Disease Standard or employees working alone or at home, and require employers to establish, implement, and maintain a COVID-19 Prevention Program (“CPP”), among other things. Sheppard Mullin previously wrote about the implementation of the original ETS here, and previous revisions to its requirements here and here.
After the Board readopts the new version of the ETS, it will replace the current version on May 6, 2022. And while many aspects of the current ETS would remain unchanged, there are some notable proposed changes, including but not limited to the following:
Under the current ETS, certain requirements differ based on an employee’s vaccination status. However, under the proposed ETS, an employee’s vaccination status no longer matters. The definition of “fully vaccinated” has been removed. Any employee can now request a respirator from their employer for voluntary use, and effective training and instruction must be provided to employees who make this request. Further, the proposed ETS require employers to make COVID-19 testing available at no cost to all employees with COVID-19 symptoms...
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