Cal/OSHA adopts revised COVID-19 prevention emergency temporary standard

On June 17, the California Occupational Safety and Health Standards Board adopted the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 emergency temporary standard (ETS) regulation. The same day, Governor Gavin Newsom signed Executive Order (EO) N-09-21, bypassing the standard 10-day approval period and allowing the revised ETS to take effect immediately. The agency issued the revised ETS in light of (1) the availability of vaccinations to limit workplace transmission and (2) updated face covering guidance from the U.S. Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH). The updated standard is designed to help employers make a safe transition from physical distancing and face covering mandates to more normal operations. Read on to learn the key changes to the original ETS, which was effective on November 30, 2020.

Face coverings indoors

In accordance with the latest guidance from the CDC and the CDPH, the revised ETS says “fully vaccinated” employees don’t have to wear face coverings indoors unless required by a CDPH order. Currently, the agency mandates face coverings in certain indoor settings, including public transit, K-12 educational facilities, healthcare and long-term care settings, correctional and detention facilities, and homeless or emergency shelters and cooling centers.

Employees who aren’t fully vaccinated are still generally required to wear face coverings while indoors or in vehicles, subject to certain limited exceptions: