Cal/OSHA Standards Board’s COVID-19 ETS Proposal Provisions

On September 15, 2022, the California Occupational Safety and Health Standards Board will continue the long and arduous journey to establish COVID-19 safety measures in the workplace. Since the California Division of Occupational Safety and Health’s (Cal/OSHA) initial ETS took effect in November 2020, the Standards Board has addressed the evolving workplace safety challenges with a series of updates. Now, the Standards Board will consider whether to adopt, amend, or repeal certain sections of the ETS. Any new regulation would go into effect on January 1, 2023, after the present regulation sunsets on December 31, 2022.

During the public hearing on September 15, 2022, the Standards Board will decide whether to make changes to the ETS. Members of the public are invited to submit written comments prior to the meeting. The Standards Board proposed the following updates, changes, and improvements to the California COVID-19 regulation.

Key Takeaways

The draft regulation defines COVID-19 as a workplace hazard for which an employer would be required to “establish, implement, and maintain an effective Illness and Injury Prevention Program.” If adopted, employers will be required to continue to update their COVID-19 Prevention Plan for 2023 and onward.

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National Law Review, Volumess XII, Number 216