Cal/OSHA’s adoption last week of the third version of COVID-19 Emergency Temporary Standards (ETS) presents new employee testing rules regardless of vaccination status.
The updated Covid mitigation standards are set to run through December, and in the meantime, it’s important for stakeholders to watch the FAQs from not only Cal/OSHA, but the California Department of Public Health to ensure compliance, Robert Moutrie, policy advocate with the California Chamber of Commerce, told the Northern California Record.
Generally speaking, the new ETS shortens the exclusion period involving virus cases, but it’s important to keep checking for possible changes.
“Because this new version of the ETS is going to be in effect until December 31, you’re going to have clarity issues on an ongoing basis, where employers are going to have to be watching for multiple things.” Moutrie said. “Watch the regulation but also watch CDPH; employers should continue watching both.”
“The long-term issue with the ETS is it has trouble keeping up with science,” Moutrie said. “And here, I expect that to continue to be the case through December 31, which means employers really need to watch FAQs closely from both Cal/OSHA and CDPH to stay on top of what’s changing.”
It’s also important to note that Cal/OSHA is keeping exclusion pay even though Gov. Gavin Newsom recently signed COVID-19 specific sick leave, Moutrie said.
This version of the regulation removes the distinction between vaccinated and unvaccinated individuals, Moutrie said.
“And in doing so, certain testing requirements that previously applied only to unvaccinated people will now apply to all workers,” Moutrie said. “So, you will see increased testing obligations.”
The biggest change is the ETS incorporating recent executive orders by the governor.
“Including removal of the mask mandate and the exclusion durations, which CDPH changed earlier this year and then revised again earlier this month,” Moutrie said.
The new ETS also removes cleaning requirements that had been in earlier versions.