If the employee’s medical or mental health condition or disability does not permit the employee to wear a non-restrictive alternative, the employee must be at least six feet apart from all other persons and either fully vaccinated or tested at least weekly for COVID-19 during paid time and at no cost to the employee.
#Cal osha mask guidance verification
We highlight the proposed revisions that the Cal/OSHA Third Readopted ETS makes to the current Cal/OSHA Second Readopted ETS in the following chart.ĭefines a COVID-19 test as a cleared, approved or authorized test, including an EUA by the FDA, to detect current infection that is administered in accordance with the instructions and is “not both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.”Ī COVID-19 test taken for return-to-work purposes may be both self-administered and self-read, but only if another means of independent verification of the results can be provided ( e.g., a time-stamped photograph of the results).Ī face covering generally must not let light pass through when held up to a light source, except that clear face coverings or cloth face coverings with clear plastic panels are OK if they otherwise meet the definition.Įlimination of the light test and no requirement of masking indoors for anyone. Generally, California employers must continue to maintain a COVID-19 prevention program that is effective, that addresses, identifies and evaluates COVID-19 health hazards, and that provides for employee training on COVID-19 and other safety matters. The proposed Third Readopted ETS maintains the majority of the current Cal/OSHA ETS requirements. The proposed Third Readopted ETS, if implemented, will make some additional material changes and clarifications, including acceptable return-to-work criteria, elimination of certain cleaning and social distancing requirements, and creation of a “returned case” category of workers recovered from COVID-19, discussed in detail below. Our prior client alert outlined the material changes between the original Cal/OSHA ETS and the second readoption that took effect on January 14, 2022, which can be found here. The Cal/OSHA Standards Board has also proposed that a new version be implemented via a third readoption of the ETS, which will be discussed as an agenda item at its upcoming meeting on April 21, 2022. On February 28, 2022, California Governor Gavin Newsom extended the second readoption of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standard (ETS) currently in effect, moving the ETS’s expiration date to May 5, 2022.
#Cal osha mask guidance update
Employers in California should update their COVID-19 ETS policies to ensure continued compliance with Cal/OSHA’s changes in the Third Readoption, which are summarized in the article below. The Second Readoption is set to expire in May 5, 2022, and it is expected that the Third Readoption will be filed and become effective on or around that date.
Per Governor Newsom’s Executive Order N-23-21, the Third Readoption will be effective upon filing by the Office of Administrative Law (OAL) with the Secretary of State and will remain in effect for no longer than December 31, 2022. On April 21, 2022, the Cal/OSHA Standards Board approved the Third Readoption of the ETS.
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