CAL/OSHA Closes In On Finalizing COVID-19 Non-Emergency Prevention Regulations
On December 15, 2022 the California OSHA Board voted to adopt the Non-Emergency COVID-19 Prevention regulations (previously known as the Emergency Temporary Standards or ETS). The Prevention regulations will take effect once they are approved by the Office of Administrative Law (OAL), which we expect will occur in January 2023 (the exact date is unknown at this time). Once approved, they will remain in effect for two years, except for the recordkeeping obligations, which remain in effect for three years.
The Prevention regulations mirror the old ETS in many ways, but there are some significant changes to the employer obligations that are important to know. A fact sheet outlining the requirements of the Prevention regulations has been posted on the Department of Industrial Relations website and can be found here. The Department is also working on a list of Frequently Asked Questions to assist employers in understanding their obligations under the Prevention regulations. One item of note is that the Prevention regulations no longer include a requirement for employers to pay employees who are excluded from work because of work-related COVID-19 reasons. However, it appears this may change in January after the Board reviews a proposal that is currently being drafted in support of the requirement.
We are closely following the developments of the Prevention regulations in order to provide our clients with the most up-to-date advice. Once they are final, we will also update our COVID-19 protocol and notification packet. If you have questions about the Prevention regulations, reach out to an SMT employment law attorney.
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Spaulding McCullough & Tansil LLP
Employment Law Group