Revised Cal/OSHA Emergency Temporary Standard

On December 16, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) voted to adopt a revised version of the state’s Emergency Temporary Standard (ETS), which took effect on January 14, 2022. Key changes to the Cal/OSHA ETS include the following:

• Testing must be provided to any workplace close contacts (and also to all employees in an outbreak), regardless of vaccination status. Under the previous version of the ETS, employers were not required to offer testing to fully vaccinated employees who had a close contact with a COVID-19 case but exhibited no symptoms. Now, the only exception for close-contact testing are employees who recovered from COVID-19 in the past 90 days and are asymptomatic.
• During an outbreak, testing must be offered to all employees on at least a weekly basis.
• During a major outbreak, testing must be offered to all employees on at least a twice-weekly basis, or more often if recommended by a local health department.
• In housing provided by an employer, fully vaccinated employees are no longer exempt from testing, isolation and quarantine requirements. The employer must make COVID-19 testing available to all residents, regardless of vaccination status, if there are more than three COVID-19 cases in 14 days.
• In transportation provided by an employer, fully vaccinated employees are no longer exempt from face covering requirements.
• Fully vaccinated employees and employees who recovered from COVID-19 in the past 90 days who have had a close contact but do not exhibit symptoms now must wear a face covering and maintain at least a 6-ft distance from others at the workplace for 14 days following the last date of close contact. These employees do not need to be excluded from the workplace so long as they remain asymptomatic.
• Note: Under California Department of Public Health (CDPH) guidance effective through at least February 15, 2022, masks are required to be worn in all indoor public settings (including in the workplace), regardless of vaccination status.
• The usual exceptions to face covering requirements continue to apply, including: when alone in a room or vehicle, when eating and drinking, when an accommodation is required, and when job duties make a face covering infeasible or create a hazard.
• A new definition of “COVID-19 test,” prohibiting any test required under the ETS from being both self-administered and self-read, unless observed by the employer or an authorized telehealth proctor. Employees cannot simply report the results of an at-home test to their employer.
• Changes to the definition of permissible face coverings. Permissible face coverings under the revised ETS include surgical masks, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers that does not let light pass through when held up to a light source (except for clear face coverings worn for accommodations purposes).
• Changes to the definition of “fully vaccinated,” which allows for two-dose vaccines (e.g. Pfizer, Moderna) to be “mixed and matched,” so long as the second dose is received at least 17 days after the first.

Many requirements from previous versions of the Cal/OSHA ETS also remain in effect, including but not limited to the following:

• Establishing, implementing, and maintaining 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 COVID-19 testing after potential exposures (subject to the changes noted above).
• Requirements for responding to COVID-19 cases and outbreaks (subject to the changes noted above and below).
• Isolation and exclusion pay requirements (subject to the changes noted above and below).
• Basic prevention requirements for employer-provided housing and transportation.
• Physical distancing requirements in outbreaks and major outbreaks.

For the text of the revised ETS, showing all changes made to the prior version, CLICK HERE. For the Cal/OSHA Frequently Asked Questions regarding the revised ETS CLICK HERE.

CDPH Return-To-Work Criteria

Although the Cal/OSHA ETS contains its own set of return-to-work criteria, the more relaxed standards recently issued by CDPH take precedence in accordance with Executive Order N-84-20. CDPH recommends the following:

• Recommended action for persons who test positive for COVID-19, regardless of vaccination status, previous infection, or lack of symptoms:
  • Stay home for at least 5 days.
  • Isolation can end after day 5 if symptoms are not present or are resolving and a diagnostic specimen (antigen test preferred) collected on day 5 or later tests negative.
  • If unable to test or choosing not to test, and symptoms are not present or are resolving, isolation can end after day 10.
  • If fever is present, isolation should be continued until fever resolves.
  • If symptoms, other than fever, are not resolving continue to isolate until symptoms are resolving or until after day 10.
  • Wear a well-fitting mask around others for a total of 10 days, especially in indoor settings.

• Recommended action for persons who are exposed to someone with COVID-19 and who are either (a) unvaccinated or (b) vaccinated and booster-eligible but have not yet received the booster dose:
  • Stay home for at least 5 days, after your last contact with a person who has COVID-19.
  • Test on day 5.
  • Quarantine can end after day 5 if symptoms are not present and a diagnostic specimen collected on day 5 or later tests negative.
  • If unable to test or choosing not to test, and symptoms are not present, quarantine can end after day 10.
  • Wear a well-fitting mask around others for a total of 10 days, especially in indoor settings.
  • Strongly encouraged to get vaccinated or boosted.
  • If testing positive, follow isolation recommendations above.
  • If symptoms develop, test and stay home.

• Recommended action for persons who are exposed to someone with COVID-19 and who either (a) have received the booster dose or (b) are vaccinated but not yet booster-eligible:
  • Test on day 5.
  • Wear a well-fitting mask around others for 10 days, especially in indoor settings.
  • If testing positive, follow isolation recommendations above.
  • If symptoms develop, test and stay home.

Note: Employers should consult CDPH guidance regarding when a person is considered booster-eligible, as the time periods for such eligibility may change over time.

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Source: Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties

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