On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) with several revisions. This amended readoption of the ETS will go into effect on January 14, 2022, and will remain in place until April 14, 2022. Only one member of the seven-person Standards Board voted against it.
This
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
At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have swung back in favor of AB 5 and its guidelines on classifying workers as employees versus
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
On September 27, 2021, the Governor of California signed Assembly Bill 73 (AB 73) which expands worker protections from wildfire smoke.
In response to the COVID-19 pandemic, California enacted Health & Safety Code section 131021 last year. It requires the State Department of Public Health and Office of Emergency Services to establish a stockpile of
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
On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the Centers for Disease Control (“CDC”) guidance recommending masking for indoor settings in areas with substantial and high transmission of
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:
As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a physical or mental disability. A reasonable accommodation allows an applicant to have an equal opportunity to be considered for the job and