Keeping up with Cal/OSHA: Updated COVID-19 ETS Guidelines Reversed!

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June 11, 2021

If you blinked and missed the June 3rd approval by the Cal/OSHA Standards Board of the amended COVID-19 Emergency Temporary Standards (ETS), there is no need to worry!  In a whirlwind decision, the Board reversed itself on June 9, with the result that the original November 2020 standards continue to govern the workplace and it is as though June 3 never happened.

It appears at least on the surface that the Board was influenced by impending guidance from the California Department of Public Health (based on the Centers for Disease Control and Prevention guidelines) regarding face coverings which will go into effect on June 15.  However, there is likely some political wrangling behind the scenes from employer coalitions seeking an easing up of restrictions on the one hand versus those on the left demanding that masking continues.

The Board has chosen to convene as early as June 17 to consider new revisions to the ETS.  Another option would be for the Board to do away with the ETS altogether, however this seems unlikely given the requirement for proper public notice, according to an Executive Officer of the Standards Board. 

Since keeping up with the Cal/OSHA Standards Board seems to be difficult these days, McKague Rosasco LLP will continue to provide the latest updates on news regarding any changes to the ETS.  

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