The Occupational Safety and Health Standards Board (OSHSB) met on December 16, 2021, to consider a second readoption of its COVID-19 Workplace Emergency Temporary Standard (ETS). After public comment and some discussion, the OSHSB — the standards-setting agency within the California Division of Occupational Safety and Health (Cal/OSHA) — did, indeed, vote to readopt the ETS with the proposed amendments. The changes take effect January 14, 2022 and will remain in place until April 14, 2022.

The revised ETS maintains the general ETS framework we’ve been working under since November 2020, which requires employers to create and implement a written COVID-19 Prevention Program addressing COVID-19-related issues in the workplace. The revised ETS makes notable changes, however, to several key areas, including testing, face coverings, vaccination, exclusion of employees after exposure and certain definitions. In general, the changes roll back some flexibility in the current ETS by, among other things, eliminating many of the distinctions between vaccinated and unvaccinated workers adopted in the June 2021 revisions.

This link below highlights some of the changes coming in the revised ETS, but employers should review the ETS and related guidance in detail and consult with legal counsel about making changes to their COVID-19 Prevention Programs.