UPDATE on May 20, 2021: Since this article was published, Cal/OSHA has delayed the vote on the new proposed Emergency Temporary Standards. Please read details on the delayed vote on the Reed Smith EHS Law Insights Blog.
As vaccination rates increase in California, the California Department of Occupational Safety and Health (Cal-OSHA) has released a draft of a new proposed COVID-19 emergency regulation. The California Occupational Safety and Health Standards Board will vote on whether to send the proposed regulation to the Office of Administrative Law (OAL) on May 20th. After it is received, the OAL is only required to allow five calendar days for submission of comments and 10 calendar days for review before filing with the Secretary of State. Given this timeline, it is likely that the new regulations will become effective in early June.
The new COVID-19 emergency regulations loosen a number of the prior requirements for fully vaccinated workers. The new COVID-19 emergency regulations, however, also add a number of new compliance requirements for employers. In that regard, the new proposed regulation contains many important changes to how face coverings and N-95 masks must be used, testing and exposure requirements, and the prior exclusion and wage replacement rules. The key changes in these areas are briefly summarized below:
Continue Reading Cal-OSHA released proposed revisions to the COVID-19 prevention order