Cal/OSHA to Vote on Third Readoption of COVID-19 ETS

By Sean Paisan and Melodie K. Arian © Jackson Lewis April 11, 2022
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​Though California has mostly lifted COVID-19 requirements statewide, the Cal/OSHA Standards Board is not planning to let the COVID-19 Prevention Emergency Temporary Standards (ETS) expire. Per Gov. Gavin Newsom's executive order, the expiration of the second readoption of the ETS was extended to May 6, but the Cal/OSHA Standards Board has posted a notice that it plans to readopt a third version of the ETS at its upcoming meeting on April 21.

The proposed third adoption makes some changes to the ETS previously in effect. Some of the more significant changes include:

  • Elimination of the requirement that face coverings pass the "light test" (i.e., does not let light pass through when held up to a light source).
  • Addition of a new term, "returned case," which means an individual who returns to work after testing positive for COVID-19 and did not develop any COVID-19 symptoms after a return.
  • Employers are not required to make COVID-19 testing available to returned cases.
  • Removal of some of the cleaning and disinfection requirements previously required.
  • Deferment to California Department of Public Health guidance for exclusion and return to work criteria.

If passed, the third readoption would be the final version of the ETS and per the governor's executive order may not remain in effect beyond Dec. 31.

Sean Paisan and Melodie K. Arian are attorneys with Jackson Lewis in Orange County, Calif. © 2022 Jackson Lewis. All rights reserved. Reposted with permission. 

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