What California employers need to know about revised COVID-19 ETS

The Occupational Safety and Health Standards Board adopted the revised California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 prevention emergency temporary standard (ETS) effective January 14, 2022, through April 14, 2022. The ETS applies to the majority of California workers, with limited exceptions. The revisions are consistent with recent California Department of Public Health (CDPH) recommendations.

There are several key changes, including requirements for testing, return to work, face coverings, and notification, and the ETS eliminates some of the prior distinctions between vaccinated and unvaccinated workers.

Testing requirements

Under the prior ETS, employers weren’t required to make COVID-19 testing available to employees who had close contact with a COVID-19 case in the workplace if they were fully vaccinated and remained asymptomatic. The revised ETS, however, eliminates the exception. Now, when there has been a COVID-19 case in the workplace, employers must make testing available at no cost, during paid time, to all employees who had close contactand provide them with the information on benefits. The only exceptions are for former COVID-19 cases who returned to work and have remained free of symptoms for 90 days after the initial onset or for COVID-19 cases who never developed symptoms for 90 days after the first positive test.