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The end of Cal-OSHA’s Covid-19 Emergency Temporary Standards. What will come next?

On December 15, 2022 Cal-OSHA adopted a set of Non-Emergency Covid-19 Prevention Regulations that are set to become effective once approved by the Office of Administrative Law. While it was rumored that the new Non-Emergency Covid-19 rules would be approved in January, as we closed out January and have entered February, the new rules have yet to be approved. Once adopted, the Non-Emergency Rules will supersede and replace Cal-OSHA’s Covid-19 Emergency Temporary Standards (“ETS”) and will be effective for two years.

While Covid-19 and its many variations may not be at the top of your businesses list of priorities as it once was before, it still should be.  Do not forget Covid-19 does impact the workplace and the safety of your employees must be paramount.  The new Non-Emergency rules will include some of the requirements found in the current ETS, as well as new provisions aimed at making it easier for employers to provide consistent protections to employees and allow for flexibility if changes are made to guidance in the future from CA Department of Public Health. 

What should employers do now? Employer must continue to comply with the current ETS requirements until the new Non-Emergency rules are approved. If you do not have a compliant and written plan consistent with the ETS rules, you should.  To stay up to date with CA Covid-19 requirements for your business, contact the Employer Lawyers at Chauvel & Glatt.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact  Chauvel & Glatt at 650-573-9500 for legal assistance near you. (photo credit: depositphotos.com).


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