Cal/OSHA Standards Board Adopts Third COVID-19 ETS to Remain in Effect Until December 31, 2022

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a management representative. The Office of Administrative Law is likely to approve the new language for implementation by May 5, 2022.

We outlined the ETS’s substantial and main revisions in our previous article, “Cal/OSHA Proposes Changes to Third COVID-19 ETS; Standards Board to Consider Adoption on April 21.” In addition to these, the ETS includes a new requirement that workers who have tested positive and have symptoms that are “not resolving” (which is not defined in the regulation) may return only after ten days or after their symptoms resolve. Advisory committee meetings continue, with discussions of a permanent infectious disease standard in the works for 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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