Summary of Cal/OSHA’s Revised COVID-19 ETS Adopted on June 17, 2021

On June 17, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to re-adopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA noticed on June 11, 2021 (revised ETS).

The revised ETS (which will make changes to California Labor Code Sections 3205 through 3205.4) are aligned with the latest guidance by the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH). The revised ETS are also aligned with Governor Newsom’s guidelines to reopen California as of June 15, 2021. Following Cal/OSHA’s vote, Governor Newsom signed an Executive Order on June 17, 2021, enabling the revised ETS to take effect without the normal 10-day review period by the Office of Administrative Law.

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Accrued but Unused Vacation Pay Must Be Paid Out Upon Termination of Employment in Colorado

Colorado’s Supreme Court found that Colorado employees receiving vacation time must be paid out accrued but unused time when their employment is terminated. In Carmen Nieto v. Clark’s Market, Inc., the state Supreme Court held that if an employer chooses to provide vacation pay, all accrued but unused vacation pay must be paid to employees upon termination and that no agreement to the contrary will be enforced.

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Texas Federal Court Rejects Challenge to Employee COVID-19 Vaccination Requirement

While public health leaders continue to wrestle with vaccine hesitancy, businesses are wrestling with employee challenges to COVID-19 vaccination mandates. This Saturday marked a win for private employers after a Texas District Court tossed a lawsuit brought by over 100 hospital employees claiming they were subjected unlawfully to a COVID-19 vaccination policy as a condition of continued employment. Although the plaintiffs’ counsel has said they plan to appeal the decision, the order provides helpful precedent for other organizations mulling such vaccination mandates.

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Illinois Employers – Are You Due for a Mid-Year Compliance Check-Up?

In the past 15 months, employers have juggled many new and unique situations. Indeed, employers have been navigating their way through complex federal, state and local COVID-19 guidelines, while their employees have faced their own challenges related to work, family, and possible health concerns. As more employees return to the office, it may be a good time for employers to conduct a mid-year compliance check-up to identify any areas that need attention as COVID-19 mitigation protocols wane. Here are a few areas that Illinois employers should consider reviewing.

OSHA Issues COVID-19 Emergency Temporary Standard for Certain Health Care Settings and Updates its Guidance for All Industries

On Thursday, June 10, 2021, OSHA issued its first Emergency Temporary Standard (ETS) in 38 years, providing long-awaited guidance for health care settings that deal directly with patients suspected or confirmed to be COVID-19 positive. This ETS will remain in effect until a permanent standard is in place or OSHA determines there is no longer a grave danger to the covered workforce.

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Summary of Revisions to Cal/OSHA’s COVID-19 Emergency Temporary Standards

UPDATE: Cal/OSHA Withdraws June 3, 2021 revised ETS. In a special meeting held on the evening of June 9, 2021, the Cal/OSHA Board met to consider the latest guidance from the Centers for Disease Control and California Department of Public Health regarding masking. The Board voted unanimously to withdraw the revisions to Cal/OSHA’s revised ETS that they had voted to approve on June 3, 2021, and that were set to go into effect on June 15, 2021 (pending approval from the Office of Administrative Law).  In a press release, Cal/OSHA stated that it will review the new mask guidance, bring any recommended revisions to the Board and that the Board could consider new revisions at a future meeting, perhaps as early as the regular meeting on June 17, 2021. In the meantime, the Cal/OSHA’s ETS adopted in November of 2020 will continue to remain in effect. Faegre Drinker will continue to monitor and provide insights with respect to Cal/OSHA’s revised ETS as well as other COVID-19-related topics. Insights will be updated on the firm’s COVID-19 Resource Center.

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