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.

Below are just some of the highlights from the revised ETS:

  • The revised ETS contain some new terms that are relevant when analyzing an employee’s exposure to COVID-19.

o   The term “Close contact” replaces the previous term “COVID-19 exposure.” “Close contact” is defined as “being within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the ‘high-risk exposure period’ defined by this section. This definition applies regardless of the use of face coverings.” (§3205(b)(1).)

o   The term “Exposed group” replaces the previous term “Exposed workplace.” “Exposed group” is defined as “all employees at a work location, working area, or a common area at work, where an employee COVID-19 case was present at any time during the high-risk exposure period.  A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas.” (§3205(b)(7).)

o   There are certain exceptions where individuals will not be considered to be in the “exposed group” – e.g. where a person momentarily passes through a place where everyone is wearing face coverings, where a person was not present at the same time (e.g. on a different shift) from the COVID-19 case, or where the COVID-19 case visited a work location or area for less than 15 minutes during the high-risk exposure period and everyone was wearing a face covering.

  • The “High-risk exposure period” is defined to mean the following time periods:

o   For COVID-19 cases who develop symptoms, from two days before they first develop symptoms until all the following are true: 10 days have passed since symptoms first appeared; 24 hours have passed with no fever, without use of fever-reducing medications; and symptoms have improved.

o   For COVID-19 cases who never develop symptoms, from two days before until 10 days after the specimen for their first positive test for COVID-19 was collected.
Continue Reading Cal/OSHA Update: Don’t Take That Mask Off Just Yet!

As we wrote on December 3, 2020, an emergency COVID-19 rule was adopted and approved by the California Occupational Safety and Health Standards Board. The regulation contains significant new requirements including a mandatory written “COVID-19 Prevention Program,” paid time off in certain circumstances when a “COVID-19 case” is excluded from the workplace, notice and training requirements, and requires that employers offer testing in some situations.

The emergency standards will remain in effect for 180 days unless renewed, withdrawn or replaced. It applies to all California employers covered by Cal/OSHA (generally, employers with ten or more employees at any time during the year).
Continue Reading A Deeper Dive into the New Cal/OSHA Temporary Emergency Standards for COVID-19 Prevention

On November 30, 2020, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) Emergency COVID-19 Prevention Regulation went into effect. The regulations apply to all employers, employees, and to all places of employment with three exceptions: (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who

California Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation. That order covered COVID-19 infections from March 19, 2020 to July 5, 2020, at which time the order expired. To fill the void, on

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities.

  1. Worker’s Compensation

    Worker’s compensation is, for the most part, a strict liability system -any bona fide workplace injury, regardless of cause – is covered.Chuck-Post-07_web

The worker’s compensation