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On June 8, 2022, the California Department of Public Health (CDPH) issued an Order with definitions for “close contact” and “infectious period” that conflict and abrogate the definitions for these terms within the California Division of Occupational Safety and Health’s (Cal/OSHA) current COVID-19 Emergency Temporary Standards (ETS).  Employers must comply with the new CDPH definitions, even where they differ from the text of the California ETS or federal Centers for Disease Control guidance.
Continue Reading New “Close Contact” and “Infectious Period” Definitions Modify Compliance with Cal/OSHA’s COVID-19 ETS

On May 7, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) released guidance, in the form of updated FAQs and fact sheets, concerning the revised COVID-19 Prevention Emergency Temporary Standards (“ETS”) that were adopted on April 21, 2022, and became effective on May 6, 2022.  This ETS applies to non-remote workers in California, except those who work alone and those covered by the Aerosol Transmissible Diseases standard, and will remain in effect until December 31, 2022. …
Continue Reading Cal/OSHA Releases Guidance on New COVID-19 ETS Impacting Employers and Workers

SB 606, which took effect January 1, 2022, greatly increases the California Division of Occupational Safety and Health’s (“Cal/OSHA’s”) enforcement powers by creating two new violation categories – “enterprise wide” and “egregious” violations.
Continue Reading Cal/OSHA Enters the New Year With Expanded Enforcement Authority

On December 27, 2021, the Center for Disease Control and Prevention (CDC) updated their isolation and quarantine recommendations for the general public, including more limited time periods for quarantine and isolation periods.  On December 30, 2021, the California Department of Public Health (CDPH) released updated guidance to conform to the new CDC guidelines but added additional requirements, including testing to exit isolation or quarantine after the fifth day (which the CDC now acknowledges is the “best approach” but does not require as part of its formal guidance).  Notably, the new guidance also introduces a distinction between boosted and non-boosted individuals for the first time. …
Continue Reading California Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own Twists

On December 16, 2021, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) adopted revisions to the current COVID-19 Prevention Emergency Temporary Standards (“ETS”).  The Cal/OSHA ETS were first approved on November 30, 2020, adopted again with modifications on June 17, 2021, and recently readopted with additional revisions.  The newest version of the ETS will go into effect on January 14, 2022, and will apply to all non-remote workers in California except those covered by the Aerosol Transmissible Diseases standard, such as healthcare workers.
Continue Reading Cal/OSHA Adopts Newly Revised COVID-19 Prevention Emergency Temporary Standards Impacting Employers and Workers

With little forewarning to the regulated community, the California Division of Occupational Safety and Health passed a sweeping new standard requiring employers in the state to implement prescribed COVID-19 protections. Now, employers’ groups are fighting back.
Continue Reading Employers’ Groups Bring Fight Against Cal/OSHA COVID-19 ETS to Court

The California Occupational Safety and Health Standards Board voted on November 19 to implement a stringent new standard for employers to follow when implementing COVID-19 protections in the state.  The state’s rulemaking agency for workplace safety voted unanimously to pass the “Emergency COVID-19 Prevention Regulations,” which is expected to go into effect within 10 days (assuming the State’s Office of Administrative Law adopts Cal/OSHA’s regulation).
Continue Reading Cal/OSHA Votes to Implement Strict COVID-19 Workplace Protections for California Workers