Cal/OSHA Standards Board Adopts Third COVID-19 ETS to Remain in Effect Until December 31, 2022

On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a management representative. The Office of Administrative Law is likely to approve the new language for implementation by May 5, 2022.

We outlined the ETS’s substantial and main revisions in our previous article, “Cal/OSHA Proposes Changes to Third COVID-19 ETS; Standards Board to Consider Adoption on April 21.” In addition to these, the ETS includes a new requirement that workers who have tested positive and have symptoms that are “not resolving” (which is not defined in the regulation) may return only after ten days or after their symptoms resolve. Advisory committee meetings continue, with discussions of a permanent infectious disease standard in the works for 2023.

Ogletree Deakins will continue to monitor and report on developments with respect to California’s COVID-19 mandates and will post updates in the firm’s Coronavirus (COVID-19) Resource Center and on the California blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.