The California Occupational Standards Board met yesterday and renewed the COVID-19 ETS with some minor revisions.  Once approved by the California Office of Administrative Law, this readoption will remain in effect for 90-days, from January 14, 2022 through April 14, 2022.  Some of the revisions:

• face covering to now include a light test for fabrics that do not let light pass through,
• require vaccinated employees to test who have had close contact in the workplace,
• provide testing at no cost, during paid time, to all employees in the workplace who had close contact and provide them with information on benefits
• employees exempt from wearing face coverings due to medical condition, mental health condition or disability requires social distancing (6 feet apart) from all other employees and either fully vaccinate or test weekly,
• return to work requirements – employees may return under the following conditions:
  • employees who had a close contact but never developed any COVID-19 symptoms may return to work after 14 days have passed since last known close contact unless either applies:
    • 10 days have passed since the last known close contact and the employee wears a face covering and maintains 6 feet distance from others while at the workplace for 14 days following the last date of close contact.
    • 7 days have passed since the last known close contact; the employee tested negative for COVID-19 using a COVID-19 test with the specimen taken at least five days after the last known close contact; and the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last date of close contact.
  • employees who had a close contact and developed any COVID-19 symptoms cannot return to work until:
    • at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications; and
    • COVID-19 symptoms have improved; and
    • at least 10 days have passed since COVID-19 symptoms first appeared.
• changes to post-care testing that would now include vaccinated employees.

Employer groups asked for further explanation or reconsider the new face covering requirements as most face coverings will not meet the light test requirements. The provisions to the post-care test to vaccinated employees with no symptoms will be difficult for employers to find tests due to the surge of COVID-19 variants, increase of COVID-19 cases during the holiday season and will disincentivize employees to vaccinate.  The reinstitution on requirements for social distancing in the workplace will also be difficult for employers as they will need to modify work areas again. Cal/OSHA released the draft proposed COVID-19 ETS 5 days ago and the Association continues to review and monitor the ETS. The Association is also working on updating its COVID-19 Prevention Plan for members