January 12, 2022

Cal/OSHA updated its COVID-19 Emergency Temporary Standards Frequency Asked Questions

On Thursday, June 6, Cal/OSHA updated its COVID-19 Emergency Temporary Standards Frequency Asked Questions to address how CDPH’s December 30, 2021 isolation guidance affected, if at all, the current Cal/OSHA Emergency Temporary Standard (Cal ETS).

In the only FAQ added, Cal OSHA acknowledges that paragraphs 7 & 8 of Governor Newsom’s Executive Order N-84-20, which are still in effect, provide that isolation/quarantine obligations in the Cal ETS are superseded to the extent they exceed those recommended by the CDPH or a local health department.

As a result, as of January 14, 2022—when the second readopted Cal ETS takes effect—the CDPH’s updated isolation guidance, with one exception, replaces the exclusion and return to work provisions in sections 3205 (c)(9) and (c)(10). Prior to January 14, 2022, the CDPH updated isolation guidance replaces sections 3205 (c)(9) and (c)(10), with the exception of quarantine rules for fully vaccinated employees. This is because the exclusion period for that group of employees in the current Cal ETS is not longer than that recommended by the CDPH; thus, those provisions are not superseded by EO N-84-20. However, Cal/OSHA is encouraging all employers to begin implementing the new isolation requirements now.

The Updated FAQs can be found by clicking here.

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by Brooke Fishel, Director of Labor Relations and Communications