Cal/OSHA Emergency Temporary Standards update

UPDATE: 6/10/2021

The Occupational Safety and Health Standards Board have withdrawn pending revisions to Cal/OSHA's COVID-19 prevention emergency temporary standards as they consider a rule that more closely aligns with Governor Newsom’s promise that the state will fully reopen from the pandemic on June 15th.

Cal/OSHA will review the new mask guidance and bring any recommended revisions to the board as early as June 17 and potentially have them go into effect by the end of the month. In the meantime, the protections adopted in November of 2020 will remain in effect.

The official news release can be found here. The previous official news release that highlighted notable workplace rule revisions now put on hold is available here. Additional reporting at the North Bay Business Journal, linked here.

PREVIOUS: 6/5/2021

The Occupational Safety and Health Standards Board on June 3 readopted Cal/OSHA’s revised COVID-19 prevention emergency temporary standards. The revised emergency standards are expected to go into effect on June 15th.

The standards apply to most workers in California. Notable revisions include:

• Face Coverings:
  
  • Indoors, fully vaccinated workers without COVID-19 symptoms do not need to wear face coverings in a room where everyone else is fully vaccinated and not showing symptoms. However, where there is a mixture of vaccinated and unvaccinated persons in a room, all workers will continue to be required to wear a face covering.
  • Outdoors, fully vaccinated workers without symptoms do not need to wear face coverings. However, outdoor workers who are not fully vaccinated must continue to wear a face covering when they are less than six feet away from another person.
    
    
• Physical Distancing: When the revised standards take effect, employers can eliminate physical distancing and partitions/barriers for employees working indoors and at outdoor mega events if they provide respirators, such as N95s, to unvaccinated employees for voluntary use. After July 31, physical distancing and barriers are no longer required (except during outbreaks), but employers must provide all unvaccinated employees with N95s for voluntary use.
  
  
• Prevention Program: Employers are still required to maintain a written COVID-19 Prevention Program but there are some key changes to requirements:
  
  • Employers must review the California Department of Public Health’s Interim guidance for Ventilation, Filtration, and Air Quality in Indoor Environments.
  • COVID-19 prevention training must now include information on how the vaccine is effective at preventing COVID-19 and protecting against both transmission and serious illness or death.
    
    
• Exclusion from the Workplace: Fully vaccinated workers who do not have COVID-19 symptoms no longer need to be excluded from the workplace after a close contact.
  
  
• Special Protections for Housing and Transportation: Special COVID-19 prevention measures that apply to employer-provided housing and transportation no longer apply if all occupants are fully vaccinated.

Read the full news release here.
The final revised standards text is available here.
Visit Cal/OSHA’s COVID-19 resources webpage for more information on the ETS, including updated FAQs.