With the latest Cal/OSHA Emergency Temporary Standards (ETS) now in effect, employers have clear guidance on mask wearing and social distancing for workplaces as businesses across the state continue efforts to return to pre-pandemic operations.
The ETS masking requirements now align with the CDC, Robert Moutrie, policy advocate with the California Chamber of Commerce, told the Northern California Record.
“Substantively, this means that just like in social life indoors, a person who is vaccinated will not need to wear a mask, and a person who is not vaccinated will need to wear a mask,” Moutrie said. “The consistency is good in terms of public health because it takes (out) the confusion of when you have to wear a mask and resolves the issue.”
The new FAQs released with the ETS last week also provide clarification on options an employer has to determine a worker’s vaccination status.
“They provide examples of exactly how an employer can ask and how to maintain those documents,” Moutrie said.
Employers who keep photos of employees’ vaccination cards need to do so in compliance with labor laws, and there are questions about how long the records need to be kept. The state also has unveiled a platform where people can digitally access their vaccination card.
Looking forward as to how businesses will be complying with the ETS, a new Cal/OSHA subcommittee held a meeting Monday and is expected to address such issues in the coming weeks, Moutrie said, adding that the meeting also addressed what public health data will be used to determine when the ETS will end.
While there are lingering liability and privacy concerns, it really comes down to what information an employer collects, Moutrie said.
“The simple answer is that it is not a privacy violation to ask if someone is actually vaccinated.”
Moutrie also noted that the program to supply free N95 masks at first will help employers follow the ETS mandate that requires those to be available.
“California employers really appreciate the governor stepping in to help solve the N95 supply issue by providing N95s for that for the first month of compliance,” Moutrie said.