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),
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…
Cal/OSHA Standards Board Reverses Course on ETS Amendment
By Sean Paisan on
Posted in CalOSHA
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…
Cal/OSHA Passes Amended COVID-19 Emergency Temporary Standard – What Changed?
By Sean Paisan & Cressinda D. Schlag on
Posted in CalOSHA
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…
California Employers Contend with Mixed Signals as the State Prepares to Reopen
By Cressinda D. Schlag on
Posted in CalOSHA
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…
Cal/OSHA Standards Board Delays Vote on Revised COVID-19 Emergency Temporary Standards
By Sean Paisan & Cressinda D. Schlag on
Posted in CalOSHA
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…
New CDC Face Covering Guidance and What It Means for California Workplaces
By Jamerson C. Allen on
Posted in Workplace Safety
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…
As California Targets June Reopening Cal/OSHA Considers Updating COVID-19 Standards
By Sean Paisan & Cressinda D. Schlag on
Posted in CalOSHA
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…
Without Much Ado, Cal OSHA Updates Guidance Regarding Vaccinated Individuals
By Cressinda D. Schlag & Sierra Vierra on
Posted in CalOSHA
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…