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Economic Development Collaborative (EDC) — COVID-19 Prevention Emergency Temporary Standards

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COVID-19 PREVENTION EMERGENCY TEMPORARY STANDARDS
On June 17, 2021, the Occupational Safety and Health Standards Board voted to update the COVID-19 Emergency Temporary Standards (ETS). Executive Order N-09-21 permitted the revised ETS to take effect the same day. Here’s what employers and employees need to know about the new standards:
Emergency Temporary Standards Effective June 17, 2021
NEW STANDARDS:
  • Fully vaccinated employees without symptoms do not need to be tested or quarantined after close contacts with COVID-19 cases unless they have symptoms.
  • No face covering requirements outdoors (except during outbreaks), regardless of vaccination status, though workers must be trained on CDPH recommendations for outdoor use of face coverings.
  • Employers may allow fully vaccinated employees not to wear face coverings indoors, but must document their vaccination status. There are some settings where CDPH requires face coverings regardless of vaccination status. In outbreaks, all employees must wear face coverings indoors and outdoors when six-feet physical distancing cannot be maintained, regardless of vaccination status.
  • Employers must provide unvaccinated employees with approved respirators for voluntary use when working indoors or in a vehicle with others, upon request.
  • Employers may not retaliate against employees for wearing face coverings.
  • No physical distancing or barrier requirements regardless of employee vaccination status with the following exceptions:
  • Employers must evaluate whether it is necessary to implement physical distancing and barriers during an outbreak (3 or more cases in an exposed group of employees)
  • Employers must implement physical distancing and barriers during a major outbreak (20 or more cases in an exposed group of employees)
  • No physical distancing requirements whatsoever in the employer-provided housing and transportation regulations.
  • Where all employees are vaccinated in employer-provided housing and transportation, employers are exempt from those regulations
  • Employers must evaluate ventilation systems to maximize outdoor air and increase filtrations efficiency, and evaluate the use of additional air cleaning systems
STILL IN EFFECT:
  • An effective written COVID-19 Prevention Program.
  • Providing effective training and instruction to employees on the employer’s prevention plan and their rights under the ETS.
  • Providing notification to public health departments of outbreaks.
  • Providing notification to employees of exposure and close contacts.
  • Requirements to offer testing after potential exposures.
  • Requirements for responding to COVID-19 cases and outbreaks.
  • Quarantine and exclusion pay requirements.
  • Basic prevention requirements for employer-provided housing and transportation.
Learn more and review Cal/OSHA’s Frequently Asked Questions CLICK HERE
Resources
  • WEBINAR- Join the EDC in our Quarterly Legal Update: Focus on Cal/OSHA ETS with Fisher Phillips, LLC. on July 23 at 12:00 pm. CLICK HERE TO REGISTER
  • Cal/OSHA Resources:
  • Resources Homepage CLICK HERE
  • Industry Guidance CLICK HERE
  • Consultation Services CLICK HERE
  • FREE on-site visits and telephone support from Cal/OSHA representatives for employers and employees. Get started by calling 800.963.9424 or email infocons@dir.ca.gov.
  • Safer at Work COVID-19 Employer Portal: Employers and employees can access customized guidance by industry. CLICK HERE
Looking for NO-COST Business Consulting Services?
The EDC SBDC call team and experienced advisors are available to answer questions and help you navigate today’s complex business environment. The Economic Development Collaborative hosts the Small Business Development Center and is funded in part through a cooperative agreement with the U.S. Small Business Administration. Signing up as a client takes just a few minutes and provides you with lifetime access to all of our no-cost services.
Get started today with no-cost consulting by calling our
Business Assistance Line at 805.409.9159.
Resources and advising are available in English and Spanish.
Access our Loan Program by calling 805.409.9497.
Stay up-to-date on local, state and federal resources related to the pandemic by visiting our COVID-19 Business Resource page regularly CLICK HERE.
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