On June 9, 2021, Cal/OSHA’s Occupational Safety & Health Standards Board (OSHSB) voted to withdraw the revisions approved on June 3rd to the COVID-19 Emergency Temporary Standards (ETS). The board will convene on June 17, 2021 to review a new draft of the ETS, which is expected to bring Cal/OSHA’s guidance in line with recommendations from the CDC and CDPH.

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Significantly, this updated guidance will likely allow fully vaccinated workers to refrain from masking in both indoor and outdoor workplaces. If OSHSB approves Cal/OSHA’s revisions on June 17, the newly revised ETS could go into effect on June 28, 2021, after review from California’s Office of Administrative Law (OAL).

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In the meantime, California employers must still conform with the current version of the ETS. Employers may also be subject to stricter requirements imposed by other regulatory bodies and/or local governments (such as Los Angeles County).

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Resources for California Employers

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Find out more about the California Department of Public Health (CDPH) recommendations here.

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Find CDPH’s guidance for the use of face coverings, updated June 9, 2021, here.

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If you have questions regarding the application of Cal/OSHA’s ETS to your business, please contact one of the following attorneys in The Maloney Firm’s Employment Law Department: Patrick Maloney, Lisa Von Eschen, Samantha Botros, or Nicholas Grether.

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