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Cal/OSHA COVID-19 Updates Emergency Temporary Standard

by Wine Institute
May 14, 2021

Via Wine Institute's May 13 Wine Briefs Newsletter


Cal/OSHA COVID-19 Emergency Temporary Standard

On May 7, Cal/OSHA released proposed changes to the COVID-19 Emergency Temporary Standard (ETS), which have both welcome and challenging elements for California employers. The positive changes are that the ETS recognizes "fully vaccinated" employees, exempting them from exclusion (quarantine), testing, and certain spacing (social distancing) requirements. Unfortunately, the proposed changes also include provisions that may increase the cost of compliance, including issues with employee notifications, air filtration, and N95 masks. While the changes are being proposed as a draft, it is expected that the Occupational Safety and Health Standards Board will adopt the text as written at the May 20 meeting, with an effective date shortly after. Given the extensive changes, all employers are highly encouraged to review the text and consult with a compliance specialist as needed.  
In addition to the proposed text changes, the California Department of Public Health (CDPH) issued COVID-19 Public Health Recommendations for Fully Vaccinated People. This explains that fully vaccinated individuals who have had a COVID-19 exposure do not need to quarantine if they are asymptomatic. Given a previous Executive Order tying CDPH quarantine guidance to the Cal/OSHA ETS, such individuals are no longer required to be excluded from the workplace under the ETS. This change has been noted in the Cal/OSHA ETS FAQs

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