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:
  • Identifying and evaluating employee exposures to COVID-19 health hazards.
  • Implementing effective policies and procedures to correct unsafe and unhealthy conditions.
  • Allowing adequate time for handwashing and frequently clean touched surfaces and objects.
• Employers must provide effective training and instruction to employees on how COVID-19 is spread, infection prevention techniques, and information regarding COVID-19-related benefits that affected employees may be entitled to under applicable federal, state, or local laws.
• Employers must exclude employees who have COVID-19 symptoms and/or are not fully vaccinated and have had a close contact from the workplace and, if that close contact is work related, ensure continued wages.
• When there are multiple COVID-19 infections and COVID-19 outbreaks, employers must follow the requirements for testing and notifying public health departments of workplace outbreaks (three or more cases in an exposed workgroup in a 14-day period) and major outbreaks (20 or more cases within a 30-day period).
• During any outbreak, face coverings are required regardless of employee vaccination status: 1) indoors and 2) outdoors when employees are less than six feet from another person. During major outbreaks, six-feet physical distancing is required where feasible, both indoors and outdoors.
• COVID-19 testing for employees who are not fully vaccinated and might have been exposed.
• Requires employers to offer COVID-19 testing at no cost during paid time to their employees who are not fully vaccinated and had potential exposure to COVID-19 in the workplace, and provide them with information on benefits.
• Notification requirements to the local health department
  • Employers must contact the local health department immediately but no longer than 48 hours after learning of three or more COVID-19 cases to obtain guidance on preventing the further spread of COVID-19 within their workplace.
• Recordkeeping and reporting COVID-19 cases
  • Employers must maintain accurate records and track all COVID-19 cases, while ensuring medical information remains confidential.
  • These records must be made available to employees, authorized employee representatives, or as otherwise required by law, with personal identifying information removed.
  • When a COVID-19-related serious illness or death occurs, the employer must report it immediately to the nearest Cal/OSHA enforcement district office.