Cal/OSHA revised its Emergency Temporary Standards (“ETS”) following its mid-December meeting and, more recently, made additional revisions to align with the California Department of Public Health’s recommendations. We summarize the substantive changes below:

1. COVID Cases in the Workplace: Employers must continue to monitor and provide notice of positive COVID-19 cases in the workplace to potentially impacted employees and independent contractors. Employers should disseminate these notices regarding COVID-19 cases via the employer’s normal practices for communicating employment-related issues and they should send them to all employees, independent contractors, and other employers who were at the same worksite as the COVID-19 case.

• Note that the definition of “worksite” has been updated to exclude “locations where the worker worked by themselves without exposure to other employees, or to a worker's personal residence or alternative work location chosen by the worker when working remotely.”

2. Face Coverings: If an individual cannot wear a face covering (as that term is now defined below) because of a medical disability or condition, they should wear a “non-restrictive alternative such as a face shield with a drape.” If they cannot wear a non-restrictive alternative, they must social distance and either be fully vaccinated or be tested at least weekly during paid time and without cost to the employee.

3. Testing:

a. Employers are now required to make COVID-19 testing...

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