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On May 18, 2021, Santa Clara County ordered businesses to track employee’s COVID-19 vaccination status. This Order departed largely from the prior County Orders as well as the California Blueprint for a Safer Economy.  However, in conjunction with the California Department of Industrial Relations, Division of Occupational Safety and Health (commonly known as Cal/OSHA),…

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…

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…

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…

On May 13th, the Center for Disease Control (CDC) updated its guidance for fully vaccinated individuals.  The new guidance identified circumstances in which fully vaccinated individuals do not have to wear face coverings, including indoors. However, fully vaccinated individuals must still comply with federal, state, local, or workplace guidance for face coverings. Earlier in…

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…