Cal/OSHA’s COVID-19 ETS Will Remain in Effect Pending OAL Approval of COVID-19 Prevention Non-Emergency Regulations

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation, which would replace the current emergency temporary standards (ETS) that were set to expire on December 31, 2022.

The new COVID-19 prevention regulations, which were set to be effective from January 1, 2023, through December 31, 2024, were sent to the Office of Administrative Law (OAL) for approval. The new regulations will not take effect until approved by OAL, which has thirty working days to complete its review. To address the gap between the expiration of the ETS and the effective date of the new regulations, upon approval by OAL, the California Division of Occupational Safety and Health (Cal/OSHA) submitted a certificate of compliance permitting the ETS to remain in effect while OAL undertakes its review. As such, the ETS will remain in effect during OAL’s approval process.

While the new regulations are largely similar to the old regulations, there are key differences. California employers may want to keep in mind that the requirements of the ETS still apply pending OAL review and approval of the COVID-19 Prevention Non-Emergency Regulation.

Ogletree Deakins will continue to report on developments with respect to the California Non-Emergency COVID-19 Prevention Regulation and will post updates on the California and Workplace Safety and Health blogs and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.