The California Occupational Safety and Health (Cal/OSHA) Standards Board voted on December 15 to approve a non-emergency COVID-19 prevention standard. If approved by the Office of Administrative Law, this non-emergency standard, which contains several substantive changes to existing requirements, will replace the current Cal/OSHA emergency temporary standard (ETS), and will remain in effect for two years.
On December 15, the Cal/OSHA Standards Board voted to approve the new COVID-19 non-emergency prevention standard (Non-Emergency Standard). The Office of Administrative Law (OAL) has 30 days to complete its review and approve the Non-Emergency Standard. The OAL’s approval is highly likely. In the meantime, the current ETS will extend into 2023 unless the OAL completes its review and approves the Non-Emergency Standard before the end of this month.
Summarized below are the most significant changes between the ETS and the Non-Emergency Standard and, where appropriate, noteworthy changes of other COVID-19 requirements affecting employers statewide.
Removal of Exclusion Pay Requirements
The ETS requires employers to maintain an employee’s pay and benefits during isolation and quarantine due to a work-related exposure. Once the Non-Emergency Standard is implemented, Cal/OSHA will no longer require that employers provide exclusion pay. Relatedly, the state 2022 COVID-19 Supplemental Paid Sick Leave law will expire on December 31, 2022.[1] It should be...
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