Last week we reported that Cal/OSHA withdrew its June 3 revised COVID-19 Emergency Temporary Standards (ETS) it had sent to the Office of Administrative Law (OAL) for review and approval. Cal/OSHA withdrew these revised ETS to allow it more time to consider the CDC and California Department of Public Health’s most recent guidance on face coverings and physical distancing for fully vaccinated individuals.
On June 11, Cal/OSHA published its latest set of revised ETS that the Standards Board will vote on during its June 17 meeting. If the revised ETS are approved by the OAL following the review process, they could become effective by June 28.
The latest set of revised ETS propose some of the following key updates:
- Fully vaccinated employees are not required to:
- wear a face covering either indoors or outdoors,
- maintain any physical distancing from others,
- be excluded from the workplace if they have close contact with a COVID-19 case as long as the fully vaccinated employee is not experiencing any COVID-19 symptoms.
- Employees who are not fully vaccinated are required to continue wearing a face covering.
- Employers must provide respirators (N95 masks, for example) for all non-fully vaccinated employees for voluntary use.
- An employer’s exposure obligations will be based on an “Exposed Group” rather than an “Exposed Workplace,” which will likely reduce an employer’s obligations in the event of a COVID-19 exposure in the workplace.
- Employers are required to maintain documentation of its employees’ vaccination status.
The revised ETS contains several other updates that California employers should be aware of so they can fully prepare to implement these changes if approved. If you have any questions about this latest set of revised ETS, please contact the California Legal Services team at CAInfo@employerscouncil.org.