Summary of Cal/OSHA’s Revised COVID-19 ETS Adopted on December 16, 2021

On December 16, 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 posted in preparation of its business meeting on December 16, 2021. If approved by the Office of Administrative Law (which is expected), the revised ETS will take effect on January 14, 2022 and will expire on April 14, 2022.

The revised ETS (which will make changes to the California Labor Code Sections 3205 through 3205.4) do not impose protections or requirements as strong as the federal OSHA ETS and do not require employees to be vaccinated or tested weekly, except in certain circumstances. The Deputy Chief explained that the revisions were made to more closely align the ETS with guidelines from the U.S. Centers of Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH), to address concerns related to the Omicron variant, and to make the ETS requirements easier for employers to implement.

For the full alert, visit the Faegre Drinker website.