On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS).

The third adoption makes some changes to the ETS previously in effect. Some of the more significant changes include:

  • Elimination of the requirement that face coverings pass the “light test” (g.does not let light pass through when held up to a light source).
  • Removal of cleaning and disinfection requirements.
  • Addition of a new term, “returned case,” which means an individual who returns to work after testing positive for COVID-19 and did not develop any COVID-19 symptoms after a return.
  • Employers are not required to make COVID-19 testing available to returned cases.
  • Removal of some of the cleaning and disinfection requirements previously required.
  • Deferment to California Department of Public Health guidance for exclusion and return to work criteria.

The amended ETS will take effect on May 6, 2022. Per the Governor’s prior Executive Order this version of the ETS will remain in effect until December 31, 2022.

Cal/OSHA intends to post new Frequently Asked Questions to support the revised ETS shortly.

If you have questions about the Cal/OSHA emergency temporary standards or related workplace safety issues, please reach out to the Jackson Lewis attorney with whom you often work or any member of our Workplace Safety and Health Team.