Cal/OSHA Standards Board Reverses Course On ETS Amendment

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In an emergency meeting on June 9th, the Cal/OSHA Standards Board reversed itself and voted to withdraw the amended COVID-19 Emergency Temporary Standards (ETS) it had just approved on June 3rd.  As such, employers will remain governed by the ETS that was passed in November 2020.

The emergency meeting was held so that the Board could consider changes to California Department of Public Health (CDPH) guidance regarding face coverings that will go into effect June 15th.

The Board could consider new revisions as early as their regular meeting scheduled for June 17th. The Board also has the option to elect to revoke the ETS altogether. However, based on the Board’s discussion regarding preserving their right to pass further revisions by withdrawing the most recent amendment, a full revocation of the ETS seems unlikely.

Jackson Lewis will continue to monitor changes in COVID-19 guidance and regulations in the workplace. 

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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