New Legislation and Regulations

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Earlier, President Joe Biden announced vaccination requirements for the federal government workers but allowed them to “opt out” if they agreed to more stringent mitigation measures. He also implored private sector employers to encourage vaccination, and many employers began implementing mandatory vaccination plans or incentivizing employees to get vaccinated.…
Continue Reading Biden’s Path Out of the Pandemic: New COVID-19 Vaccine Mandates for Large Employers, Federal Contractors and Health Care Workers

The Standards Board Approved the Updated Cal/OSHA Covid-19 Requirements and Governor Newsom Issued an Executive Order Making Them Effective

Note: This post was updated on June 18, 2021.

On June 17, 2021, the Cal/OSHA Standards Board voted 5-1 to approve the revised Covid-19 Emergency Temporary Standards (“ETS”) and, as promised, Governor Newsom promptly issued Executive Order No. N-09-21 holding that the new ETS shall not be subject to the regular 10-day approval process by the Office of Administrative Law (OAL) for emergency regulations.  Instead, the new ETS became effective when the OAL filed them with the California Secretary of State on June 18, 2021. As a result, face coverings/masking and other social distancing requirements shall be consistent between Cal/OSHA rules and public health guidelines from the CDC and California Department of Public Health.…
Continue Reading Cal/OSHA Update: THE VOTES ARE IN AND IT’S OFFICIAL!

Cal/OSHA Has Come Full Circle to Align with CDC & CA Public Health Department

Continuing the yo-yo of back and forth revisions to the COVID-19 Emergency Temporary Standards (“ETS”), on June 11, 2021 Cal/OSHA submitted yet another draft of its proposed ETS to the Cal/OSHA Standards Board for review and approval.  While the draft contains a number of small changes to the earlier draft, the main revision deals with when masks – or face coverings – are required to be worn in the workplace.…
Continue Reading Cal/OSHA Update: Masking in the Workplace

As California races towards reopening, employers are receiving (often conflicting) guidance on reopening procedures, especially with respect to when a mask is required for vaccinated individuals. In welcome news, it appears the various state agencies are moving towards more uniform policies, which will greatly relieve employers throughout the State.…
Continue Reading To Mask, or Not to Mask? That (at Least in the Employment Context) Is Still a Question

At its June 9, 2021, special meeting, the Cal/OSHA Standards Board voted to withdraw the revisions to the Emergency Temporary Standards (ETS) that had been approved at its June 3rd meeting. You can find more information here.

Despite California’s Plan to Reopen on June 15, 2021, The Revised COVID-19 Emergency Temporary Standards Still Impose Restrictions in the Workplace

After an all-day meeting on June 3, 2021, the Cal/OSHA Standards Board approved revisions to the COVID-19 Emergency Temporary Standards (“ETS” or “regulations”). The Board first indicated a vote to reject the revised regulations, but then did a complete 180 and voted unanimously to approve them as a stop-gap measure while its newly-formed Board subcommittee worked to consider further revisions that are more in line with California’s Department of Public Health and  CDC guidelines.…
Continue Reading Cal/OSHA Update: Don’t Take That Mask Off Just Yet!