Cal/OSHA’s Standards Board published its proposal to adopt an amended version of its current Emergency Temporary Standard (“ETS”) on April 6, 2022. The Standards Board will vote on whether to adopt the amended ETS at its upcoming April 21, 2022 meeting. If adopted, it is not yet clear exactly when the new ETS would go into effect. It would expire December 31, 2022. The current version of the Cal/OSHA ETS, which went into effect on January 14, 2022, is currently set to expire on May 5, 2022.

The proposed amended ETS contains a number of possible changes to the current regulation (noting, of course, that there may be additional or different requirements at the state or local level that apply in specific settings such as schools or health care settings). Among the key proposed changes are:

AALRR will continue to monitor developments regarding the Cal/OSHA ETS and other COVID-19-related requirements applicable to California employers. Of course, employers should bear in mind that other requirements, including CDPH and local health department regulations, may apply. Employers with questions regarding the proposed amended Cal/OSHA ETS or other COVID-19-related issues may reach out to the author of this Alert, or their usual employment law counsel.

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