Cal/OSHA Readopts and Updates the Emergency Temporary Standards and the California Department of Public Health Issues New Isolation and Quarantine Guidance

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On December 16, 2021, Cal/OSHA updated the Emergency Temporary Standards (ETS) in its second re-adoption of the statute (Revised ETS). The updates are effective January 14, 2022.

On December 16, 2021, the Governor issued an Executive Order permitting a third readoption of the ETS, so long as it doesn’t extend beyond December 31, 2022. See https://www.gov.ca.gov/wp-content/uploads/2021/12/12.16.21-ETS-Readoption-and-Shareholder-Meeting-EO.pdf. Employers can expect the ETS to be readopted one more time before becoming permanent at the end of 2022.

Cal/OSHA reminds employers that in addition to adhering to the Revised ETS they must also follow public health orders, including the California Department of Public Health (CDPH) guidance. Moreover, the Revised ETS mandates regarding isolation, quarantine, and return to work criteria will automatically update to reflect guidance issued by the CDPH. The updated Revised ETS Fact Sheet can be found here.

Mandates that Remain the Same in the Revised ETS include the following:

• Employers must establish, implement, and maintain an effective written COVID-19 Prevention Program that includes: