Readopted Cal/OSHA ETS Effective January 14, 2022
On December 17, the Cal/OSHA Standards Board voted to approve revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS). There are significant changes that employers must observe in the areas of testing, social distancing rules, and face covering requirements for fully vaccinated employees in certain circumstances.
The revised ETS are effective on January 14, 2022, and will be in effect for 90 days.
United Contractors opposed multiple provisions of the Second Readoption ETS which, effectively, eliminate distinctions between vaccinated and unvaccinated individuals in the regulation, as well as complicating return-to-work provisions. For now, employers must do their best to comply with these requirements.
These are summarized in UCON’s December 21, 2021 COVID Update. Additionally, Cal/OSHA has revised their guidance to incorporate changes to the guidance from the California Department of Public Health (CDPH). See Cal/OSHA’s COVID-19 ETS FAQ for more details.
What Should Employers Do?
- Review the changes to the ETS carefully and ensure that employees are trained accordingly.
- Revise your written COVID-19 Prevention Program and other related documents. A revised template is available on the UCON COVID-19 Resources Page.
- Continue checking the UCON COVID-19 Resources Page for any further updates to CDPH and Cal/OSHA guidance, and also watching your in-box for Alerts and Bulletins.
Other Important Related News:
- CDPH has extended statewide indoor masking requirements through February 15, 2022.
Federal OSHA ETS Blocked by Supreme Court
The Federal OSHA ETS containing vaccine and testing mandates has been blocked again from implementation and enforcement by the U.S. Supreme Court. Its ultimate fate will be determined by the federal courts at a later date, but in the meantime compliance with this ETS is not required. UCON will keep you posted on further developments.