Emergency Temporary Standard

Seyfarth Synopsis: On December 16, 2021, the Cal/OSHA Standards Board voted to readopt the COVID-19 Emergency Temporary Standard (“ETS”) with changes that will take effect January 14, 2022. This readoption includes many changes to the current ETS, including an elimination of many of the current distinctions between vaccinated and unvaccinated workers.

Background

The first iteration of the Cal/OSHA
Continue Reading Cal/OSHA Adopts Revised and Restrictive COVID-19 ETS

Seyfarth Synopsis: On August 5, 2021, California’s Public Health Department ordered “health care” workers to provide proof that they received their final dose of a COVID-19 vaccine by September 30, 2021. Unlike the July 26, 2021, Order, the August 5 Order does not allow workers to avoid the vaccine mandate by testing regularly, except for workers who claim a
Continue Reading Health Care Workers In a World of Pure Vaccination

Seyfarth Synopsis: On July 26, 2021, Governor Newsom, announced that California state workers and workers in “health care” and “high-risk congregate settings” will be mandated to either show proof of being fully vaccinated, or be tested for COVID-19 at least weekly. The mandate also encourages all local governments and other employers to adopt a similar protocol. The California Department of
Continue Reading California’s Mandate: Give Me Vaccinations, Or Give Me Tests!

Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary Standard (“ETS”). While the revised ETS aligns closer to guidance issued by the Center for Disease Control and Prevention (“CDC”) and California Department of Public Health (“CDPH”)
Continue Reading Finally! Cal/OSHA Approves Revised Emergency Temporary Standard

Seyfarth Synopsis: Following its June 3, 2021 meeting, when the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), the Board convened an emergency meeting on June 9, 2021, where it voted unanimously to pull back the revisions. On June 11, 2021, the Board released a proposed do-over —the third attempt at an
Continue Reading Fast and Furious 3: Cal/OSHA’s Emergency Temporary Standard Drift

Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021, after which it voted unanimously to pull back the revision. The Board will now send the ETS back for another do-over, to align a new revision with
Continue Reading Take 3! Cal/OSHA ETS Revisions Still Pending

Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS fails to align with the relaxed measures recommended by the CDC and the Governor’s plans to end virtually all mask and social distancing requirements for vaccinated individuals
Continue Reading Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities without masks, Cal/OSHA asked the OSHSB to delay its consideration of the
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: On May 21, 2021, California health officials confirmed that the State’s highly anticipated June 15 reopening date is a go. With this announcement comes the long-awaited release of details about exactly what restrictions are poised to be lifted—which looks to be just about everything, at least on a State level. (Local restrictions may yet apply.)

Ditching
Continue Reading California Finally Moves to Reopen

Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider. These potential changes are broad-ranging and affect employers’ requirements related to masking, social distancing, testing, exclusion, and more, especially with respect to vaccinated
Continue Reading Cal/OSHA Considering Changes to COVID-19 Emergency Temporary Standard