Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention

Clock with water illustration

At its meeting on June 17, the Cal OSHA Standards Board is likely to approve a new version of the ETS that incorporates the relevant provisions of the recent CDPH guidance.

June 14, 2021
Michael Studenka & Jasmine Shams - Newmeyer Dillion

Employers scrambling to prepare for the June 15th Reopening announced by Governor Newsom have spent the last week pouring over the revised Emergency Temporary Standards for COVID-19 Prevention (“Revised ETS”) approved by the Cal/OSHA Standards Board on June 3, 2021. After last night’s meeting of the Standards Board, however, it’s time to hit pause.

Last night, the Cal OSHA Standards Board held a specialty meeting to reconsider its Revised ETS in light of the latest guidance on face coverings issued by the California Department of Public Health (“CDPH”) on June 7, 2021. Following a presentation by the CDPH and extensive public comment, the Cal OSHA Standards Board voted unanimously to withdraw the Revised ETS and to take up the issue again at its next scheduled meeting on June 17, 2021. The net result in the interim is that California employers who intend to reopen on June 15 must initially comply with all of the requirements of the Cal/OSHA Standards Board Emergency Temporary Standards for COVID-19 Prevention as originally issued on November 20, 2020, including but not limited to, its social distancing, physical partitioning and mask wearing requirements.

Reprinted courtesy of Michael J. Studenka, Newmeyer Dillion and Jasmine Shams, Newmeyer Dillion
Mr. Studenka may be contacted at michael.studenka@ndlf.com
Ms. Shams may be contacted at jasmine.shams@ndlf.com



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