The current Cal/OSHA COVID-19 Emergency Temporary Standard (ETS) expires at the end of 2022. But Cal/OSHA is not done with COVID-19 regulations. There is a Non-Emergency Regulation in process. The Standards Board recently published its proposed non-emergency regulation and announced a public hearing for September 15, 2022.

Though the proposal is a non-emergency regulation, the proposed text states the requirements would only remain in effect for two years, except for certain recordkeeping requirements.

Here are other highlights of the proposed regulation:

  • Directs employers to include COVID-19 procedures in their written Injury and Illness Prevention Program (IIPP) or as a separate document.
  • As part of an employer’s COVID-19 procedures, an employer must provide training to employees regarding COVID-19
  • Employers must have effective methods and procedures for responding to COVID-19 cases in the workplace such as exclusion and quarantine requirements.
  • Employers will still have certain notice requirements regarding positive cases in the workplace.
  • Face covering requirements shall still follow California Department of Public Health requirements

One notable omission from the proposed regulation is exclusion pay, which was a very contentious requirement under the ETS.

Jackson Lewis will continue to track developments regarding Cal/OSHA’s non-emergency COVID-19 regulation. If you have questions about COVID-19 workplace safety or related issues contact the Jackson Lewis attorney with whom you often work or any member of our Workplace Safety and Health Team.