Alert 05.18.21
OSHA and Cal/OSHA Guidance for Fully Vaccinated Employees
Workplace safety agencies look to public health recommendations to update their own COVID-19 guidance and standards as they relate to the impact of vaccinations.
Alert
Alert
06.15.21
After receiving pressure from businesses and other regulators during lengthy public comment meetings in recent weeks, the California Occupational Safety and Health Administration (Cal/OSHA) has proposed another set of revisions to its COVID-19 Prevention Emergency Temporary Standards (ETS), to be considered by the Occupational Safety and Health Standards Board on June 17, 2021. If approved, the revised standards would take effect on June 28, 2021.
Significantly, the proposed revisions strike physical distancing from the standards. They also contain no requirement for fully vaccinated employees to wear face coverings. Unvaccinated employees, however, would still be required to wear face coverings indoors and in vehicles; employers would be required to provide face coverings for these employees.
Of potential interest to employers is Cal/OSHA’s revised definition of “fully vaccinated,” which requires employers to have “documented” vaccination. It is unclear how employers will do so, and Cal/OSHA is expected to clarify soon.
Although the State of California is reopening with no restrictions on June 15, workplaces will continue operating under existing COVID-19 safety requirements for another two weeks, assuming the proposed revisions go into effect on June 28. During this two-week period, employees must continue to physically distance and wear face coverings, regardless of vaccination status. Therefore, to address this gap, Governor Newsom announced his intent to sign an Executive Order that would align workplaces with the rest of the state, and allow vaccinated employees to go mask-free on June 17.
Notwithstanding the state’s reopening, employers should continue complying with the ETS (or what is left of it after any Executive Order) until its formal expiration. If the ETS is readopted on June 17 for another 90 days, it would not expire until January 2022.
For more information, please reach out to your regular Pillsbury contact or the authors of this client alert.