“The expanded proposed duration as framed signals that COVID-19 protocols may be here to stay, even after the pandemic is a distant (or even not-so-distant) memory,” according to attorneys for the law firm of Littler Mendelson. Cal/OSHA said it will evaluate separately how to respond to a federal OSHA requirement for workplace vaccinations when that standard is published. The proposed permanent rule does not at this point include a vaccine mandate like the one President Biden ordered be imposed on federal contractors and be developed by OSHA for private employers with more than 100 employees. 1, has withstood a court challenge by employer groups and served as a model in part for the ETS that was later adopted by the federal Occupational Safety and Health Administration (OSHA) earlier this year. The state ETS, which went into effect on Jan. Issued late in 2020 by the state Division of Occupational Safety and Health (Cal/OSHA), the Emergency Temporary Standard (ETS) for employers dealing with coronavirus in the workplace is due to expire in January 2022 unless the agency takes the appropriate steps to extend it, a process that it initiated in late September. 14, 2022, and apply to most workers in California not covered by the Aerosol Transmissible Diseases standard.California’s emergency COVID-19 rules for employers are about to become permanent-for at least two years. The emergency standards take effect on Jan. Employers are now required to make COVID-19 testing available at no cost and during paid time to employees who were fully vaccinated before the “close contact” with a COVID-19 case occurred, even if they are asymptomatic.ĭuring outbreaks and major outbreaks, employers must now make weekly testing or twice-weekly testing available to asymptomatic fully vaccinated employees in the exposed group. Testing and exclusion revisions were made to make the ETS consistent with current CDPH recommendations, Cal/OSHA said. Employees who are exempted from wearing a face-covering due to a medical or mental health condition, or disability and cannot wear a non-restrictive alternative must physically distance at least six feet from others and either be fully vaccinated or tested at least weekly. The rules on face coverings was also updated to include more detail on the different types of acceptable masks. This section was updated to give employers more clear instructions on how to notify workers who were at the same worksite as the COVID-19 case during the high-risk exposure period, Cal/OSHA said. Per OSHA guidelines, employers must continue to properly notify employees, employee representatives and any other workers at a worksite of possible COVID-19 exposures within one business day. The updated guidance includes revisions on investigating and responding to COVID-19 cases in the workplace, face coverings, testing and exclusion, and return to work criteria. The Occupational Safety and Health Standards Board on Friday adopted revisions to the COVID-19 Prevention Emergency Temporary Standards to include the latest recommendations from the California Department of Public Health.
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