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On Thursday, April 21, 2022, the Cal/OSHA Occupational Safety and Health Standards Board held its monthly board meeting, at which it voted to re-adopt its workplace COVID-19 Emergency Temporary Standards (ETS), as modified. The ETS is anticipated to be in place from no later than early May (the current ETS is set to expire on May 6) through December 31, 2022. A comparison of the re-adoption ETS to the version of the ETS currently in effect can be viewed here. The final text can be viewed here.

Although the ETS text should be consulted for complete details, below is a summary of important changes:

1. For purposes of return to work, the ETS now permits self-administered and self-read testing if the test can be independently verified (e.g., with a time-stamped photo). [Sec. 3025(b)(5)(C)]
2. The definition of face covering removes problematic language which required that no light be able to pass through. [Sec. 3025(b)(8)]
3. The ETS deletes the definition of fully vaccinated. [Sec. 3025(b)(9)]
4. The ETS changes the definition of “high risk exposure period” to “infectious period.” This appears to be non-substantive. The ETS also provides that California Department of Public Health (CDPH) definitions will control. [Sec. 3025(b)(9)]
5. The ETS adds a definition for a “Returned case” which addresses different treatment for employees returning from COVID-19. [Sec. 3025(b)(11); Sec. 3025(c)(3)(B)5]
6. The ETS loosens some masking and social distancing requirements. [Sec. 3025(c)(6)]
7. The ETS deletes certain requirements for cleaning and disinfecting protocols. [Sec. 3025(c)(7)(B)]
8. The ETS removes distinctions between vaccinated and unvaccinated employees, including for purposes of providing respirators for voluntary use, as well as for certain testing requirements, thereby expanding associated obligations for employers, as specified.
9. The ETS now uses CDPH guidance for protocols to address employees with close contacts. [Sec. 3025(c)(9)]
10. The ETS revises various return to work requirements. [Sec. 3025(c)(10)]
11. The ETS makes changes to regulations applicable to multiple infections/outbreaks, major outbreaks, employee housing, and employee transportation.
12. The ETS does not change exclusion pay requirements.

Complete information on the ETS agenda item can be viewed here.

Special Districts should consult Cal/OSHA’s ETS webpage for additional details, including information on the effective date of the new ETS, once it is posted, and should regularly consult Cal/OSHA’s FAQs and CDPH’s guidance for additional details on implementation. Cal/OSHA’s FAQs are regularly revised and updated with new information pertinent to ETS compliance. Note that CDPH recently updated its exclusion guidance, which has implications for employers regarding ETS compliance. Cal/OSHA's FAQs have not been updated yet to reflect that change. Cal/OSHA’s FAQs are anticipated to be updated in May in connection with the new ETS language.  Finally, it has been reported that Cal/OSHA board staff made clear at the board meeting that the ETS definition of "close contact" (i.e., 6 feet) remains in effect for the ETS because CDPH's new, broader definition (sharing the same indoor airspace) is not in an order/rule.

CSDA will continue to provide updates in connection with the ETS, and anticipated permanent standard, as appropriate.