URGENT: Cal/OSHA Adopts Final Version of ETS

California’s Division of Occupational Safety and Health (Cal/OSHA) approved the revised ETS on April 21, 2022, which will replace the current version set to expire on May 5, 2022. The amended ETS will take effect on May 6, 2022. The new version will remain in effect (unless modified by executive order) through December 31, 2022.

The third adoption includes the following changes:

  • The elimination of the term “fully vaccinated”
  • A requirement that symptomatic employees be tested regardless of their vaccination status
  • A COVID-19 test may now be self-administered and self-read if the results can be verified, such as through the use of a time-stamped photo
  • Elimination of the requirement that face coverings pass the “light test” (e.g. does not let light pass through when held up to a light source).
  • Removal of cleaning and disinfection requirements
  • The creation of a new category, “returned case,” refers to employees who return to work after testing positive for COVID-19 that do not develop symptoms after their return (employers are not required to make COVID-19 testing available to these individuals)
  • A statement that the CDPH’s guidance takes precedence over the ETS with respect to exclusion and return-to-work

Two key things have not changed:

  • All California Employers still need a COVID-19 Prevention Plan
  • Exclusion pay is still in effect

Cal/OSHA intends to post new Frequently Asked Questions to support the revised ETS shortly. We recommend bookmarking this link and continuously check for the update: https://www.dir.ca.gov/dosh/coronavirus/ETS.html

For clients with questions regarding this topic, please contact your Guardian HR dedicated Manager.

If you wish to become a client of Guardian HR and get access to all our resources including your own dedicated HR Manager and our team of employment attorneys, please contact us at sales@guardian-hr.com or call us at 888-373-4724.