Cal/OSHA has published revised revisions to the current Emergency Temporary Standard (“ETS”). Those revisions are available here.

It is expected the Board will vote on them June 17, 2021—marking the third revision to the ETS the Board has reviewed.

The highlights of this version are as follows (WARNING—this has not been approved yet!):

  • Physical distancing requirements have been removed, including in residential housing units and transportation.
  • Employees who are not fully vaccinated must wear face coverings while working indoors or in vehicles.
  • Upon request of an employee, an employer must provide an N-95 mask. (Under the prior version, employers were required to provide this type of mask to employees regardless of whether the employee wanted the mask or not.)
  • Employer-provided housing requirements are completely exempted where all residents are fully vaccinated.
  • In employer-provided transportation, employees who are not fully vaccinated must wear a face covering.
  • Acceptable vaccines now include any vaccine listed for emergency use by the World Health Organization (“WHO”). This is good news for employers with foreign guest workers, whose employees may have received vaccines that have not been approved by the Food and Drug Administration (“FDA”), but have received recognition by the WHO.

As we mentioned in our last e-blast on this, for now, employers must follow the November 30, 2020 ETS.

COUNSEL TO MANAGEMENT:

More to come—hopefully soon. If you have any questions on compliance, please contact the experts at The Saqui Law Group, P.C.

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