On December 15, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) approved its proposed COVID-19 Permanent Standard regulations (“Permanent Standard”). The Permanent Standard takes effect on January 1, 2023, will remain in effect for two years, and replaces the current Emergency Temporary Standards (“ETS”).
Under the Permanent Standard, employers are no longer required to maintain a written COVID-19 Prevention Program. Instead, employers must address COVID-19 as a workplace hazard and include COVID-19 prevention procedures in the employer’s written Injury and Illness Prevention Program (“IIPP”) or in a separate document.
Other important differences between the Permanent Standard and the ETS include:
Employers must provide effective COVID-19 prevention training to employees. The Permanent Standard does not include the ETS’s COVID-19-specific training requirements and instead provides that COVID-19 must be covered as part of employers’ existing safety training requirements in connection with their IIPPs. Unlike the ETS, the Permanent Standard does not specify what must be covered in the COVID-19 portion of employers’ safety training, leaving that determination up to employers. Nonetheless, rather than determining from scratch what include in the COVID-19 portion of their safety training, employers may wish to continue to cover the topics identified in the ETS, which have already been deemed sufficient by Cal/OSHA. Those topics are:
With the adoption of the Permanent Standard, California employers must maintain their COVID prevention programs, including a compliant workplace training program, for at least the coming two years. Clear Law Institute’s interactive online COVID-19 Safe Workplace training helps employers navigate the rapidly evolving requirements and comply with Cal/OSHA’s mandatory training guidelines, as well as other state and federal requirements.
The information contained in this article is for informational purposes only. It does not and is not intended to constitute legal advice. Clear Law Institute is not a law firm and does not practice law. No attorney-client relationship is created by using Clear Law Institute’s training or consulting services.
Clear Law’s training is compliant with all federal and state guidance and is updated as laws and guidance changes
On September 15, 2022, the California Occupational Safety and Health Standards Board (“CAL/OSHA”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard regulations (“Permanent Standard”).Read More
On May 6, 2022, substantial changes to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standard (ETS) took effect. The changes, which are in effect until December 31, 2022, govern all California employers not subject to the Aerosol Transmissible Diseases Standard.Read More