As predicted, the Cal/OSHA Standards Board last night adopted the COVID-19 Prevention Non-Emergency Regulation.  Notably, the current ETS will remain in effect while the Office of Administrative Law (“OAL”) reviews the new regulation, and will not expire on December 31, 2022.  The OAL has 30 days to complete its review, and if approved, the new regulation will be effective for two years.

What do you need to know about the new regulation?  Here is a link to the Cal/OSHA’s summary document: https://www.dir.ca.gov/dosh/coronavirus/Non-Emergency-regs-summary.pdf.  This document highlights the changes to the current Emergency Temporary Standards:  https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Non-Emergency-txtcourtesy.pdf. Cal/OSHA will release FAQs and a new model COVID-19 prevention plan “soon.”

In a bit of good news for employers, “exclusion pay” is no longer required.  Yes, Virginia. There is a Santa Claus.

Stay tuned for more details.