Cal/OSHA COVID-19 Prevention Emergency Temporary Standards

On June 17, 2021 the Occupational Safety and Health Standards Board approved re-adoption of COVID-19 Emergency Temporary Standards (ETS).

The re-adoption of the ETS takes effect immediately and includes several changes, some of which are listed below:    

• No physical distancing requirements in employer-provided housing and transportation.
• Where all employees are vaccinated, employer-provided housing and transportation is exempt from those regulations.
• Fully vaccinated non-symptomatic employees do not need to be tested or quarantined after close contact with COVID-19 cases.
• No face covering requirements outdoors, regardless of vaccination status.
• Fully vaccinated employees are not required to wear face coverings indoors, but the employer must document vaccination status (which may be through self-attestation).
• Employers must, upon employee request, provide N-95 respirators for voluntary use by unvaccinated employees working indoors or in a vehicle with others.
• Employers may not retaliate against employees who choose to wear face coverings.
• Employers must evaluate ventilation systems to maximize outdoor air and increase filtrations efficiency.

The following requirements remain in place:  

• Written COVID-19 Prevention Program.
• Training and instruction to employees.
• Some requirements for housing and transportation.
• Notification of outbreaks to public health departments.
• Notification to employees of exposure and close contacts.
• Responding to COVID-19 cases and outbreaks.
• Testing after potential exposures in some cases.
• Quarantine and exclusion pay requirements in some cases.

Businesses seeking assistance to provide N95 respirators for unvaccinated employees as required by the revised Emergency Temporary Standards can find distribution locations for state-provided N95 respirators here.

The full text of today’s executive order can be found here.

More information on the revised COVID-19 ETS and FAQs can be found here.