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On Thursday, April 21, 2022, the Cal/OSHA Board voted 6-1 to approve the most recent COVID-19 Emergency Temporary Standards (ETS) changes in an in-person board meeting. The third readoption of the ETS is currently under review by the Office of Administrative Law (OAL). If approved, the revised ETS would take effect the first week of May and expire on December 31, 2022. However, there is a possibility that Cal/OSHA could adopt a permanent regulation in the future.

For more information about the significant changes to the ETS, please refer to our previous article here.

During the meeting, various employers and employer representatives expressed concern over some of the changes. One concern related to Cal/OSHA’s inability to be consistent with the California Department of Public Health’s guidance, such as quarantine and isolation periods and mask requirements. A key concern of employers was the fact that employees can refuse to be tested following a workplace exposure and, nonetheless still receive exclusion pay during their quarantine period. On the other end of the spectrum, worker advocates expressed concern over the relaxed face covering guidelines.

Employers should again prepare to update their health and safety practices and written COVID-19/Injury and Illness Prevention Plan due to the recent changes to the ETS. Given that the OAL will likely approve the third readoption, employers should expect these changes to go into effect the first week of May. Employers with questions about the revised ETS or how to prepare their organization for these changes can contact the California Legal Services team at CAInfo@employerscouncil.org.