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Cal/OSHA Standards Board Declines to Adopt Emergency Avian Flu Protections for Agriculture Workers

By Karen F. Tynan and Robert C. Rodriguez
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On September 18, 2025, the California Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) declined to adopt an emergency request to provide pay and sick leave protections for agricultural workers affected by the avian influenza. The request, from Valley Voices, a California central valley advocacy group, proposed substantial changes to the California Title 8 regulation on zoonitic diseases, including providing “exclusion pay” for agricultural workers, as well as expected overtime and supplemental paid sick leave for sick workers excluded from the workplace. Instead, the Standards Board voted to form an advisory committee to study the issues.

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Quick Hits

  • California has more than 1,000 dairies, and the dairy industry is under surveillance for avian influenza.
  • The Cal/OSHA Standards Board turned down a California advocacy group’s emergency request for a proposed revision to the regulation on zoonitic diseases, which would provide “exclusion pay” for agricultural workers, as well as expected overtime and supplemental paid sick leave for sick workers excluded from the workplace.
  • The Cal/OSHA Standards Board voted instead to form an advisory committee to study the issues.

With the formation of the advisory committee, California dairies will likely face continued pressure for an amended regulation governing zoonitic diseases.

Next Steps

California dairies and agriculture employers may consider monitoring the advisory committee and participating in the advisory process.

Ogletree Deakins Workplace Safety and Health Practice Group will continue to monitor developments and will provide updates on the California and Workplace Safety and Health blogs as additional information becomes available.

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