Josh Schultz, Esq.
CalOSHA Standard Board Approves Revised COVID-19 ETS
Updated: May 9, 2022
On April 21, 2022, the CalOSHA Standards Board approved the Agency's third revised COVID-19 ETS. The ETS now heads to the Office of Administrative Law for review. At the time of this writing, the Office of Administrative Law had not yet approved the ETS, but it is anticipated the ETS will be approved this week, as the second re-adoption of the ETS is set to expire May 6. The ETS will remain in effect through December 31, 2022.
The new ETS will include some substantive changes from the previous version, including the following:
Amends the definition of "face covering" to delete the "light test" language (requirement that face coverings fabrics "do not let light pass through when held up to a light source")
Changes the term "“high-risk exposure" to "infectious period"
Allows use of self-administered and self-read tests for the return to work criteria if another means of independent verification of the results can be provided (e.g., a time-stamped photograph of the results)
Requires employers to make COVID-19 testing available at no cost to employees with COVID-19 symptoms regardless of vaccination status
CalOSHA has published, and updates, an FAQ regarding their COVID-19 ETS which provides useful policy information for employers.