Cal/OSHA Publishes Proposed Revisions To The Emergency Temporary Standards And CDPH Issues An Order On Masks

Cal/OSHA Proposes New Revisions

One day after voting down proposed changes to the Emergency Temporary Standards (ETS), Cal/OSHA published further revisions to the ETS which will be voted on at the upcoming meeting on June 17, 2021. 

Cal/OSHA rejected proposed revisions at its meeting last week on June 9, 2021 after hearing opposition from many stakeholders that the proposed revisions were not keeping pace with guidance coming from the Centers for Disease Control (“CDC”), California Department of Public Health (“CDPH”), and the broader reopening of California.  

The following are a few of the major changes relative to the last series of proposed revisions:

• Fully vaccinated employees will not have to wear face coverings indoors, including when unvaccinated co-workers are among them.
• Most physical distancing requirements have been deleted, except in cases of major outbreaks.
• Requirements concerning “Outdoor Mega Events” have been removed.
• Employers will be required to provide and enforce use of face coverings for unvaccinated employees when indoors or in vehicles.
• Even when the ETS do not require face coverings, the employer must provide them to employees “upon request.”
• Removes the requirement of cleanable solid partitions in most situations.
• All references to the July 31, 2021 sunset provisions have been removed. 

Cal/OSHA will hear public comment on the proposed changes on June 17, 2021 meeting.  

CDPH Issues An Order On Its Masking Guidance

On June 9, 2021 the CDPH issued “Guidance for the Use of Masks.”  On June 11, 2021 the State Public Health Officer issued a new Public Health Order that states in relevant part:  “I, as State Public Health Officer of the State of California, order: (1.) All individuals must follow the requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health.” (Emphasis added).  The guidance we discussed last week is now enforceable law. 

Stay tuned as we will update you on any actions taken by Cal/OSHA on June 17, 2021. If you have any questions regarding this Alert, you can contact the authors or your regular attorney at Atkinson, Andelson, Loya, Ruud & Romo.

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