November 18, 2021

Today, Cal/OSHA met for their regularly scheduled meeting. Upon introduction of the Federal Emergency Temporary Standard (ETS), this meeting was expected to include a higher adoption of that guidance, which means just a wholesale inclusion of the federal language. This is hardly a controversial move as it’s legally required for states to adopt within 30 days of issuance. However, once the federal appeals court issued a stay on that federal ETS, today’s meeting took a different route. Instead, there was a significant public comment regarding the state’s second adoption of their own ETS, and regarding the draft permanent standard that will be in effect — if adopted — in April 2022. 

At this point, employers may feel confused about the number of proposals, where they should be going for information, and how best to prepare for the long run. Chamber staff recommends using the current state ETS for your decision-making, as this is the only document in effect that is enforceable at the moment. On December 16, Cal/OSHA will readopt the ETS, likely with changes. In the meantime, we await a decision by federal courts regarding the federal ETS.