On June 17, 2021, the Cal/OSHA Standards Board voted to adopt revisions to the Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order allowing the revised ETS to go into effect immediately. The revised ETS now applies to nearly all workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.
The revised ETS mostly eases requirements for employers, especially with respect to their vaccinated employees, though some requirements first adopted in November 2020 with the original ETS remain in effect. At the same time, Cal/OSHA has imposed certain new requirements.
Some of the major changes in the revised ETS include:
Significant Changes for All Employees Regardless of Vaccination Status
Changes Applicable to Fully Vaccinated Employees
The revised ETS defines “fully vaccinated” to mean “the employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine.”
Cal-OSHA has issued further guidance clarifying that an employer may document an employee’s vaccination status by:
Vaccines must either: (1) be FDA approved; (2) have an emergency use authorization from the FDA; or (3) for persons fully vaccinated outside the United States, be listed for emergency use by the World Health Organization (WHO).
Changes Applicable to Unvaccinated Employees
Requirements That Remain From the Original ETS
Sheppard Mullin is committed to providing employers with updated information regarding COVID-19 and its impact on the workplace.