It’s Final – California Revised COVID-19 Workplace Safety Rules are Now in Effect

After a whirlwind several weeks, California just finalized changes to Cal/OSHA’s Emergency Temporary Standard (ETS) that immediately took effect and will require workplaces across the state to adjust their pandemic-related practices. Last night’s actions put into place a revised ETS that will – thankfully – largely track existing CDC/CDPH guidance and generally allow fully vaccinated employees to remove face coverings regardless of whether others at the workplace have been vaccinated. But the revised ETS will also make several other changes that employers will have to implement in short order. Our interactive – and complimentary – webinar taking place later today will provide all the information you need to know to comply with the revised ETS.

What Has Changed?

Check out our recent Insight to review all of the changes to the ETS, including a “top 10” list of the key revisions you need to know about. In a nutshell, the changes closely align with updated guidance from CDPH/CDC, particularly regarding face coverings. The ETS now aligns with the broader CDPH/CDC guidance and provides that employees who are fully vaccinated no longer need to wear face coverings. However, the revised ETS makes several other changes that will require you to take prompt action, including providing respirators (N95 masks) to unvaccinated employees upon request.

Latest Activity

The Cal/OSHA Standards Board approved the language yesterday by a 5-1 vote. Normally, the regulation language would then go to the Office of Administrative Law for a 10-day review before implementation. However, minutes after the Standards Board approved the revision, Governor Newsom signed an Executive Order skipping the 10-day review period and making the revised ETS effective as soon as filed with the Secretary of State. That occurred around 6:30 last night, so the revised ETS in now in effect.

Upcoming Webinar

This is a lot of information to absorb in short order. But don’t worry, we’ve got you covered. Join our comprehensive (and complimentary) webinar later today to learn everything you need to know to comply with the revised ETS.

We are continuing to monitor the rapidly developing COVID-19 situation and will provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, the authors of this alert, or any attorney in our California offices.