Cal/OSHA Publishes A Draft Readoption ETS That Eliminates Vaccination Status Distinctions And Relaxes Testing Methods, Yet Muddies Quarantine Standards

On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022. The readopted ETS would be the fourth version of the ETS, which first went into effect on November 30, 2020.¹ The California Occupational and Health Standards Board (Standards Board) is scheduled to hear public comment and to vote on whether to approve the readopted ETS on April 21, 2022. If approved, and if left unmodified by executive order, the proposed ETS would be in effect through December 31, 2022.

Key Takeaways

Vaccination Status No Longer Matters. In a stunning reversal, employee vaccination status is no longer a functional part of the proposed ETS. The definition of "fully vaccinated" has been removed from the ETS and the ETS applies to employees without regard to vaccination status. Any employee is now entitled to request a respirator for voluntary use and an employer must offer COVID-19