BREAKING NEWS: CalOSHA Approves Updated Standards for Re-Opening Protocols

Late Thursday (6/17), the Cal/OSHA Standards Board approved updated and revised COVID-19 Emergency Temporary Standards (ETS). Last week, the Board put a hold on the updated ETS, in an effort to gather more data and confirm safe and effective workplace standards, prior to implementation. As such, the original “rollout” date of the revised standards, which had been June 15, was pushed back, to allow the Board more time to review the data. Technically, these newly approved revisions won’t become effective until June 28, when the California Office of Administrative Law (OAL) approves the revisions during its meeting on June 28, 2021. However, Governor Gavin Newsom indicated during a press conference on June 16, that he would sign an Executive Order making the revised ETS effective immediately! We await word on that order at the time of publication.

CalOSHA still needs to issue Site-Specific Health and Safety Plans, Model Program Forms and the Revised FAQs – which may take several days. However, in the interim, assuming Governor Newsom approves codification of the revised regulations, employers throughout the state can begin implementing the following changes to their COVID-19 workplace protocols and procedures, as follows:

• Vaccinated employees will NOT be required to wear face coverings or masks, either indoors or outdoors, regardless of whether they work in or around unvaccinated individuals;
• Unvaccinated employees MUST continue to wear face coverings or masks, at all times when indoors or in vehicles with others;
• Employers must continue to provide face coverings or masks to unvaccinated employees and ensure that unvaccinated employee are wearing masks as directed by the California Department of Public Health;
• Upon request, the employer MUST PROVIDE N95 respirators for unvaccinated employees;
• Social distancing protocols must be recognized with unvaccinated employees, but the regulation is silent for vaccinated employees;
• Face shields are not a replacement for face coverings, although they may be worn together for additional protection; and,
• An exception is made for employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or while communicating with a hearing-impaired person.

Please note that these are statewide standards, applicable to nearly all businesses within California. Additional regulations by County Departments of Public Health or even municipal regulations may sit atop these guidelines.

Please stand by for further updates as we receive greater clarification on these new regulations, including the FAQs.