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Cal/OSHA Approves the Third Readoption of the Emergency Temporary Standards (ETS)

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On April 21, Cal/OSHA held a public hearing and re-adopted a modified version of the Emergency Temporary Standard (ETS) that originally went into effect on November 30, 2020. According to Cal/OSHA, the third revision takes effect on May 7, 2022 and will remain in effect through December 31, 2022. The revised ETS can be found here. https://www.dir.ca.gov/oshsb/documents/Apr212022-COVID-19-Prevention-Emergency-txtbrdconsider-3rd-Readoption.pdf

The Frequently Asked Questions have also been updated and can be found here. https://www.dir.ca.gov/dosh/coronavirus/Revisions-FAQ.pdf

As a reminder the ETS applies to all employees not covered by Cal/OSHA’s Aerosol Transmissible Disease Standard.

Many of the provisions from the second readoption remain in effect but several significant changes have been made that employers must implement. We have fully reported on each readoption of the ETS and employers can read about all prior ETS revisions above.

The third readoption is the final ETS that Cal/OSHAS can issue on an emergency basis unless Governor Newsome issues another executive order authorizing it. Assuming no executive order is issued, the Board could consider a permanent infectious disease standard for general industry. The April 21, public hearing included significant debate about what a permanent standard would look like. Discussion included whether it would be a permanent infectious disease standard, expansion of the aerosol transmissible disease standard and/or amendment of the Illness Prevention Program (IIPP) standard. We will update this section when, and if, a final, permanent version is introduced.

The third readoption continues Cal/OSHA’s alignment of ETS provisions with the CDPH regarding isolation, quarantine and return to work guidelines.

Cal/OSHA has prepared two (2) fact sheets. The first, is a bullet point checklist of changes to the ETS and can be found here. https://www.dir.ca.gov/DOSH/dosh_publications/COVIDOnePageFS-04-21-2022.pdf The second factsheet summarizes isolation and quarantine guidelines and can be found here. https://www.dir.ca.gov/dosh/dosh_publications/Isolation-and-Quarantine-fs.pdf


Provisions that Remain the Same

Provisions that Remain the Same

The Definition of Vaccination Status is Removed

No Set Rules for Close Contact Exclusion

Specific Rules for COVID-19 Cases

Persons Who Should Isolate

Close Contacts – General Public (No Quarantine)

Face Coverings

Types of Acceptable COVID-19 Tests Broadened

Contaminated Surfaces No Longer a Hazard

Outbreaks and Major Outbreaks

Returned Cases – Applicable to Outbreaks

We expect Cal/OSHA and the CDPH to continue to modify guidelines as circumstances change so check back regularly for updated guidance.

Appendix: California COVID-19 Vaccines Booster Recommendations

COVID-19 vaccine

Primary vaccination series

When does a person becomes booster-eligible

Which vaccine booster dose to receive

Moderna or Pfizer-BioNTech

1st and 2nd doses

6 months after 2nd dose

Any of the COVID-19 vaccines authorized in the United States may be used for the booster dose, but either Moderna or Pfizer-BioNTech are preferred.

Johnson and Johnson [J&J]/Janssen

1st dose

2 months after 1st dose

Any of the COVID-19 vaccines authorized in the United States may be used for the booster dose, but either Moderna or Pfizer-BioNTech are preferred.

World Health Organization (WHO) emergency use listing COVID-19 vaccine

All recommended doses

6 months after getting all recommended doses

Single booster dose of Pfizer-BioNTech COVID-19 vaccine

A mix and match series composed of any combination of FDA-approved, FDA-authorized, or WHO-EUL COVID-19 vaccines

All recommended doses

6 months after getting all recommended doses

Single booster dose of Pfizer-BioNTech COVID-19 vaccine



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