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ARTICLE · 14 MAY 2021

Cal/OSHA Considering Changes To COVID-19 Emergency Temporary Standard

On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider.

United StatesCoronavirus (COVID-19)

Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider. These potential changes are broad-ranging and affect employers' requirements related to masking, social distancing, testing, exclusion, and more, especially with respect to vaccinated and unvaccinated employees.

Background

Last November, Cal/OSHA's ETS went into effect. Now, amidst significant improvements to the state of the COVID-19 pandemic and increased scientific knowledge, the risk-benefit aspect of the current ETS has made compliance particularly burdensome and at times nonsensical, as subtly noted by California's Governor and repeatedly adjusted in FAQs. Thankfully, however, Cal/OSHA has now published its proposed revisions to the ETS, which the OSHSB will consider at its May 20, 2021 meeting.

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