Last week, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) pertaining to COVID-19. While there are already lawsuits to block the Federal ETS, California employers are wondering what is going to happen with Cal/OSHA’s current ETS?

Prior to the issuance of the Federal ETS, Cal/OSHA had released a proposal to amend the state’s ETS. However, the proposed changes are not as stringent as the new Federal ETS.

On Monday, the Cal/OSHA Safety and Health Standards Board posted an agenda for a November 18, 2021 meeting indicating it will discuss the adoption of a new ETS, presumably to comply with the Federal ETS requirements. The agenda notes that the draft regulations will be posted on Cal/OSHA’s website as soon as feasible. In the meantime, California employers can only speculate as to what their new compliance requirements will be.

Generally, the States operating under a State Plan have 6 months to adopt a new permanent Federal standard. However, since OSHA adopted an ETS and not a permanent standard, the states, including California, only have 30 days to adopt their own ETS.

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