Cal/OSHA and The Newest Version of the Emergency Temporary Standards

Cal/OSHA and The Newest Version of the Emergency Temporary Standards

Last month Cal/OSHA, the state agency responsible for administering and enforcing laws and regulations pertaining to workplace safety and health, took necessary steps to update the Emergency Temporary Standards (“ETS”). While most of the changes endeavor to make the ETS consistent with the updated California Department of Public Health Orders, there a few that warrant a brief mention below:

• Employees who have provided documentation of their status as fully vaccinated, in most circumstances the employee can forgo wearing a face covering while in the workplace. It should be noted that Cal/OSHA does not explicitly state one form of vaccination proof is required over another but does provide guidance as to which forms (eg: vaccine card) or attestations may suffice and advises employers to maintain copies of such documents.
• However, face coverings are still required indoors, or inside confined spaces (eg: motor vehicle), for those employees who are not fully vaccinated but are not required outdoors where physical distancing can be maintained. Notably, employers must remind their employees that wearing a mask in the workplace is still acceptable, even where the employee insisting on wearing the mask has been fully vaccinated assuring them no retaliation will occur.
• Similarly, the requirement of physical distancing and/or barriers indoors has been rescinded. However, there are exceptions for employees who may not wear a mask as a reasonable accommodation or where there has been a “major” outbreak in the workplace.

As with many rules and regulations during the Covid-era, the guidance issued by the State agencies often changes rapidly. Staying abreast of these requirements is essentially to avoid ending up on the receiving end of a lawsuit. As always, counsel from knowledgeable employment attorneys will go a long way in navigating these complex waters to keep your employees, and yourselves, healthy in these uncertain times.