As uncertainty about the federal OSHA Emergency Temporary Standard persists, Cal/OSHA’s Standards Board has announced it will not discuss the changes to California COVID-19 ETS at its November 18th meeting. The Board’s consideration of the Horcher proposal (a verbatim adoption of the federal OSHA regulation) will be delayed until there is a
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Cal/OSHA Standards Board to Discuss New OSHA ETS
By Sean Paisan on
Posted in CalOSHA
Last week, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) pertaining to COVID-19. While there are already lawsuits to block the Federal ETS, California employers are wondering what is going to happen with Cal/OSHA’s current ETS?
Prior to the issuance of the Federal ETS, Cal/OSHA had released…
Cal/OSHA Proposes to Expand COVID-19 Emergency Temporary Standards Through April 2022
By Sean Paisan & Sierra Vierra on
Posted in CalOSHA
Since the drama in passing the amended COVID-19 Emergency Temporary Standards (ETS) in June, the Cal/OSHA Board has been relatively quiet, though discussing a more permanent COVID-19 Standard. In the meantime, federal OSHA took the spotlight with President Biden’s COVID-19 Action Plan.
Currently, the Cal/OSHA ETS is set to expire on January…
Cal/OSHA’s ETS Self-Quarantine Requirements Slightly Relaxed for Asymptomatic, Unvaccinated Workers Based on New CDPH Guidance
By Sean Paisan & Sierra Vierra on
Posted in CalOSHA
Without any fanfare, Cal/OSHA updated its FAQs for the emergency temporary standards (ETS) on September 21, 2021, to incorporate new guidance from the California Department of Public Health (CDPH).
Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers. The ETS, which governs most workplaces in California, requires a 10-day quarantine period in…
California Expands Cal/OSHA’s Citation Authority
By Sean Paisan on
Posted in CalOSHA
California’s Governor has signed Senate Bill 606 (SB 606), which authorizes Cal/OSHA to issue a citation for egregious violation of an occupational safety or health standard, order, special order, or regulation for each willful violation determined by Cal/OSHA, and count each employee affected by the violation as a separate violation for purposes of the issuance…
What’s Next with Cal/OSHA and COVID-19 Standards?
By Sean Paisan on
Posted in CalOSHA
For now, California employers are beholden to state and local COVID-19 requirements as well as Cal/OSHA’s infamous COVID-19 Emergency Temporary Standards (ETS). The ETS are set to expire on January 14, 2022. However, Cal/OSHA has recently released a draft of a semi-permanent standard for COVID-19.
The current proposal would create a COVID-19 standard that…
Cal/OSHA Wildfire Safety Requirements Apply to More Than Outdoor Worksites
By Sean Paisan & Sierra Vierra on
Posted in CalOSHA
Historically, California has experienced the most destructive wildfires in the months of September and October. As we head into those months, employers should make sure they are familiar with California’s wildfire smoke standard. Harmful air quality from wildfire smoke can occur anywhere in the state on short notice, so it is vital that employers…
Update Your COVID-19 Prevention Program
By Sean Paisan on
Posted in CalOSHA
Under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS), employers are mandated to have a written COVID-19 Prevention Program. In light of the recent revisions to the ETS, Cal/OSHA has released an updated model prevention program. The updated program includes directives for vaccinated and unvaccinated individuals such as face-covering requirements. The new model program also…
Does Collection of Vaccination Information Under Cal/OSHA ETS Trigger the 30 Year Retention Rule?
By Sean Paisan on
Posted in CalOSHA
The simple answer is Cal/OSHA has not clarified if the 30-year retention rule is triggered by requirements of the COVID-19 Emergency Temporary Standards (ETS).
Pursuant to Cal/OSHA’s amended ETS employers are required to document the vaccination status of their employees if the employer intends to allow vaccinated employees to work without a face covering or…
Cal/OSHA Amends COVID-19 Emergency Temporary Standards, Again.
By Sean Paisan & Cressinda D. Schlag on
Posted in CalOSHA
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…