Just before midnight last night, Cal/OSHA pulled the plug on the revised COVID-19 Prevention Emergency Temporary Standards (ETS) and voted to withdraw the revised ETS it had just approved on June 3rd.
As we reported here, the revised ETS were expected to go into effect no later than June 15 pending approval by the OAL.
The vote followed a special meeting held last night to consider guidance regarding masking from the Centers for Disease Control (CDC) and California Department of Health (CDPH). In its press release, Cal/OSHA cited California Department of Public Health Guidance – in particular, new mask guidance – as the reason for this reversal of its position.
The Board could consider new revisions at a future meeting, perhaps as early as the regular meeting on June 17. In the meantime, the protections adopted in November of 2020 will remain in effect.
COUNSEL TO MANAGEMENT:
California employers must continue to follow the November 2020 ETS that can be found here. Employers should continue to maintain constant and open dialogue with employees about the mandatory directives on face coverings and social distancing in the workplace, especially with the Governor’s promised reopening on June 15th. As it stands, the ETS in effect do not mirror the Governor and CDPH’s Guidance. We will continue to monitor the changes in Cal/OSHA COVID-19 regulations and other guidance in the workplace. If you have questions about the current Cal/OSHA ETS or related compliance issues, contact The Saqui Law Group, P.C.