Cal/OSHA COVID-19 Prevention Emergency Regulations Approved

Wine Institute reported last Wednesday that we joined a broad business coalition to submit extensive comments objecting to the California Occupational Safety and Health Standards Board (OSHSB or Cal/OSHA Standards Board) COVID-19 Prevention Emergency Regulations. Unfortunately, these regulations were approved today by the California Office of Administrative Law (OAL) and go into effect immediately.

While it is unclear how quickly enforcement will proceed, all California employers are expected to comply with these regulations. Wine Institute’s Legal Department and Sacramento Office continue to strategize with our business coalition partners on next steps.

In the coming days, Wine Institute will be hosting a webinar and updating members on compliance obligations. Members are encouraged to review the regulatory text.

Update (Dec. 2, 2020):

After the approval of the emergency regulations Nov. 30, Cal/OSHA issued a press release with an FAQ and other guidance documents. At this time, it is unclear how quickly enforcement will proceed. While all California employers are required to comply with these regulations, Cal/OSHA senior staff recognized in the release that some employers may need extra time to comply, and enforcement investigators will take good faith efforts to implement into consideration. Nonetheless, these regulations are incredibly burdensome, prescriptive, and in many respects unworkable, and Wine Institute is collaborating with a broad business coalition to explore potential legal challenges.