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Cal/OSHA Requests Standards Board to Skip Vote at May 20, 2021, Meeting

On May 19, 2021, on the eve of a vote by the Occupational Safety and Health Standards Board to adopt proposed substantial changes to the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS), Deputy Chief of the Division of Occupational Safety and Health (commonly known as “Cal/OSHA”) Eric Berg asked that the Standards Board not vote the next day, on May 20, 2021, to adopt Cal/OSHA’s proposed ETS revisions. Cal/OSHA had published the draft ETS proposal on May 7, 2021. Berg asked that the Standards Board allow Cal/OSHA to present a new proposal at a future meeting with a targeted effective date of June 15, 2021, for its new proposal.

Cal/OSHA explained that on May 13, 2021, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance to allow fully-vaccinated individuals to forego masks in some situations. Cal/OSHA also explained that four days after the CDC’s announcement, on May 17, 2021, the California Health & Human Services Agency secretary had expressed that California intended to implement the CDC’s masking guidance on June 15, 2021. This is the same date that Governor Newsom announced as the state’s goal for reopening California’s economy fully.

These new developments appear to be the reason that Cal/OSHA asked that the Standards Board not adopt the draft ETS proposal on May 20, 2021. Given the recent CDC guidance and California’s impending reopening, Cal/OSHA appears to be reconsidering the proposal it wishes to present to the Standards Board.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 140
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About this Author

Karen Tynan, employment lawyer, Ogletree Deakins
Of Counsel

Karen Tynan is an of counsel attorney in the Sacramento office of Ogletree Deakins. Karen is originally from the state of Georgia, and after graduating with honors from the United States Merchant Marine Academy, she worked for Chevron Shipping Company for ten years – sailing as a ship's officer on oil tankers rising to the rank of Chief Officer with her Unlimited Master’s License as well as San Francisco Bay pilotage endorsement.  Karen was the highest ranking woman in the Chevron fleet when she left her seafaring life.  This maritime and petroleum experience is unique among employment...

918 840 3150
Charles Thompson, Ogletree Deakins Law Firm, Employment Law Attorney
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Charles L. Thompson IV counsels and defends employers in wrongful termination, discrimination, and other employment-related matters.  These areas include trade secrets and unfair competition, California and federal leaves of absence, ADA compliance, and wage and hour compliance.

Charles also represents employers in traditional labor law matters. He advises and represents employers in collective bargaining. He also represents employers in matters before the National Labor Relations Board, including in unfair labor practice and representation...

415-536-3430
Kevin Bland, Ogletree Deakins Law Firm, Workplace Safety and Construction Attorney
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Kevin D. Bland joined Ogletree Deakins law firm in their Orange County office in 2011. Mr. Bland provides a wealth of experience in Health and Safety.  Before he began his legal career, Mr. Bland had nearly 20 years of construction, safety, and business experience.  In 2000, he launched his legal career after graduating cum laude from Whittier School of Law. Mr. Bland holds a Contractor’s “A” License and his practice focuses primarily on safety, risk management, Cal-OSHA regulatory rulemaking, and Cal/OSHA citation appeals. He counsels and represents various...

714-800-7935
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