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ARTICLE · 22 SEPTEMBER 2021

Cal/OSHA Issues Initial Draft Language For Proposed Permanent COVID-19 Regulations

As written, the Draft PS would apply for two or three years after the effective date, and includes reference to the goal of implementing a permanent general infectious disease standard by that time.

United StatesCoronavirus (COVID-19)

On September 17, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released for discussion initial draft text for proposed permanent COVID-19 regulations, which if adopted would be subject to renewal or expiration after two years, and would replace the current Emergency Temporary Standards (ETS).  Stakeholders will have the opportunity to provide input on the draft at an advisory committee meeting on September 23, 2021, and members of the public may provide written comments no later than October 4, 2021.  While the draft permanent standards ("Draft PS") comes on the heels of President Biden's announcing the White House's COVID-19 Action Plan, Path Out of the Pandemic, it does not mandate vaccination or set forth a requirement to test in lieu of vaccination.  Cal/OSHA indicated in its regular meeting on September 16, 2021, that it will evaluate separately how to respond to a federal OSHA requirement for vaccination in the workplace after

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