Insight & Commentary on California Workplace Law Issues & Developments
The last few weeks have been quite tense for California employers as they watched the drama unfold with the state’s Department of Industrial Relations’ Division of Occupational Safety and Health (“Cal/OSHA”) over amendments to the standing COVID-19 Emergency Temporary Standards (“ETS”)
In case you missed it: a few weeks ago, Cal/OSHA delayed a vote on…
In an emergency meeting on June 9th, the Cal/OSHA Standards Board reversed itself and voted to withdraw the amended COVID-19 Emergency Temporary Standards (ETS) it had just approved on June 3rd. As such, employers will remain governed by the ETS that was passed in November 2020.
The emergency meeting was held so…
On May 20, 2021, the Cal/OSHA Standards Board (“Board”) delayed a vote on proposed changes to the COVID-19 Emergency Temporary Standards (“ETS”). At that time, the Board claimed they would revise the ETS to address updated guidance from the Centers for Disease Control and Prevention (“CDC”) for fully vaccinated persons. However, the revised ETS passed…
Since California announced plans for “preparing to get back to normal,” many California employers have eyed California’s reopening date of June 15th as the date they can return to the office or resume normal operations. But even though it is clear California wants to reopen the economy, California employers that are preparing their return…
In the wake of recent workplace shootings, employers may be wondering if there are any specific regulations to protect employees from such events. Labor Code § 6302(h) as part of the California Occupational Safety and Health Act, excludes “any injury or illness or death caused by the commission of a Penal Code violation” from the…
On May 20th, the Cal/OSHA Standards Board was set to vote on revisions to COVID-19 Emergency Temporary Standards (“ETS”).
The evening before the vote the Deputy Chief for the Division of Occupational Safety and Health (“Division”) submitted a request that the Standards Board not to vote on proposed revisions and instead allow the…
On May 20th, the Cal/OSHA Standards Board will consider changes to COVID-19 Emergency Temporary Standards (“ETS”).
The proposed changes would still require employers to have an established written COVID-19 Prevention Program (“CPP”) that covers everything from training and communication with employees to the investigation of COVID-19 cases in the workplace.
However, there are…
As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary Standard (ETS). While there had been discussions of revisions to the ETS, it was unclear if Cal OSHA would be able to release such…
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:
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It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new and confusing obligations on employers, left many scratching their heads and resulted in several legal challenges to the ETS. For example, some …
