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Coming Soon: Revisions to Cal OSHA’s COVID-19 Emergency Temporary Standards Anticipated by June 2021

In November 2020, Cal OSHA passed the COVID-19 Emergency Temporary Standards (ETS). Currently, the Standards are set to expire on October 2, 2021.

As outlined in prior articles, the ETS require that employers:

  • Establish, implement, and maintain an effective written COVID-19 Prevention Program.

  • Implement COVID-19 preventative measures.

  • Report information to their local health department.

  • Retain records related to COVID-19 cases in the workplace in a confidential manner.

  • Exclude workers known to have COVID-19 or who have had exposure.

  • Identify and manage COVID-19 infections and outbreaks in the workplace.

Unfortunately, the ETS are already lagging behind federal and state guidance pertaining to COVID-19. In particular, the ETS do not take into consideration guidance from the CDC regarding fully vaccinated individuals.

At the Cal OSHA Standard Board meeting on April 15th, several public commenters admonished the Standard Board about the lack of guidance from Cal OSHA or in the ETS regarding vaccinated individuals. The Standard Board disclosed that revisions to the ETS, including revisions about vaccinated individuals are in progress. Though it would be difficult due to tight timelines, the Standard Board hoped to have revisions passed by June, when California is tentatively set to fully reopen.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 117
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About this Author

Cressinda Schlag Environmental Health Lawyer Jackson Lewis Austin
Associate

Cressinda (“Chris”) D. Schlag is an associate in the Austin, Texas, office of Jackson Lewis P.C. Her practice focuses on environmental health and safety matters involving legal and regulatory compliance as well as federal and state government enforcement actions.

Before becoming an attorney, Ms. Schlag obtained a graduate degree in occupational health and safety and environmental management and worked as an environmental health and safety engineer and consultant with a variety of industries, including, for example, oil and gas, chemicals manufacturing and...

512-362-7100
Sierra Vierra, Jackson Lewis Law Firm, Sacramento, Labor and Employment Litigation Attorney
Associate

Sierra Vierra is an Associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues. She litigates in federal and state courts, including class and representative actions, and represents employers in administrative proceedings. She also provides preventive advice and counsel on best practices.

...
916-288-3008
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