Written by Jeremy Mittman and Gary McLaughlin

On April 21, Cal/OSHA voted to approve the third adoption of the COVID-19 Emergency Temporary Standard (ETS), which will be effective May, 6, 2022 until December 31, 2022. Our blog posts on the previous versions of the ETS can be found here and here. Significant changes in the third adoption include: 

• Vaccination status definition removed. In the new ETS, there is no longer a distinction between vaccinated and unvaccinated employees (for example in regard to masking requirements and quarantine periods).
• Face masking requirements: Face masking requirements should be consistent with current California Department of Public Health (CDPH) guidelines, and employers no longer have to provide face coverings to employees unless specifically mandated by CDPH. 
• Addition of new term, “returned case”: This is defined as a COVID-19 case who returned to work and did not develop any COVID-19 symptoms after returning. An employee is considered a “returned case” for 90 days after initial onset of symptoms, or for 90 days after their first positive test if they never developed symptoms.
  • Employers are not required to make COVID-19 testing available to returned cases.
• Employers no longer need to implement cleaning and disinfecting procedures.
• Close contacts: Employers still need to make testing available to close contacts but no longer need to exclude them from the workplace. Employers should refer to current CDPH guidance for persons who had close contacts, including quarantine guidance or other measures to reduce transmission.
• New return to work criteria:
  • COVID-19 cases, regardless of vaccination status or previous infection, who do not develop symptoms or whose symptoms are resolving, may not return to work until:
    • 5 days from date symptoms began or 5 days from the date of the first positive test if no symptoms develop;
    • 24 hours since fever of 100.4 or higher has resolved without using fever reducing medications; and  
    • Employee receives negative COVID-19 test on the fifth day or later, or 10 days have passed since symptoms began, or 10 days have passed since the first positive test if no symptoms develop.
  • COVID-19 cases, regardless of vaccination status or previous infection, whose symptoms are not resolving, may not return to work until:
    • 24 hours since fever of 100.4 or higher has resolved without using fever reducing medications; and
    • Symptoms are resolving or 10 days has passed since they began.
  • All COVID-19 cases must wear a face covering in the workplace until 10 days have passed since symptoms began or 10 days have passed since the first positive test if no symptoms develop.

Cal/OSHA is expected to release new FAQs to support the revised ETS shortly. Employers should familiarize themselves with the revised ETS, FAQs, as well as current CDPH guidelines.