Revised Proposed COVID-19 Workplace Requirements Released by Cal/OSHA and Expanded Guidance Issued by EEOC

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Cal/OSHA Expected to Decide This Week on Revised ETS

California’s Occupational Safety and Health Standards Board released proposed text of further revised Emergency Temporary Standards Friday, incorporating additional changes to COVID-19-related workplace requirements.

Cal/OSHA’s proposed changes, available here, contain changes from Cal/OSHA’s May 20 proposal, which the Cal/OSHA Standards Board declined to act on at its May 20 meeting. These latest proposed changes relate to masking, social distancing and testing requirements that employers must follow in the workplace. The proposed ETS will be considered by the Cal/OSHA Standards Board at its meeting scheduled for June 3.

EEOC Issues Expanded Guidance on Workplace Vaccination Issues
The Equal Employment Opportunity Commission also issued expanded guidance Friday on COVID-19 vaccinations. This guidance addresses mandatory employer vaccination policies, accommodations required under Title VII and the Americans with Disabilities Act for disabilities and religious beliefs, and information about employee vaccination status. (see, K. 1-15) The EEOC’s guidance also indicates that employers can offer limited incentives to employees to get vaccinated. (see, K. 16-21.) The EEOC cautioned it should not be such a large incentive that it could be considered coercive.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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