Clarification on the Revised Cal/OSHA Emergency Temporary Standards

On June 17, 2021, Cal/OSHA’s Standards Board approved revisions to the Emergency Temporary Standards (ETS), which took effect immediately. The information below clarifies some key areas of the revised ETS. 

• The ETS requires employers to document employee’s vaccination status; the following are acceptable options:

  • Employees provide proof of vaccination (vaccine card, image of vaccine card or health care document showing vaccination status) and employer maintains a copy.

  • Employees provide proof of vaccination. The employer maintains a record of the employees who presented proof, but not the vaccine record itself.

  • Employees self-attest to vaccination status and employer maintains a record of who self-attests.

• Employers must offer testing at no cost to employees during paid time to:

  • Symptomatic unvaccinated employees, regardless of whether there is a known exposure. This is a new requirement.

  • Unvaccinated employees after an exposure.

  • Vaccinated employees after an exposure if they develop symptoms.

  • Unvaccinated employees in an outbreak.

  • All employees in a major outbreak.

• Employers must provide respirators to employees under the following circumstances:

  • To any unvaccinated employee who works with others indoors or in a vehicle and who requests one and

  • Where there is a major outbreak (defined as 20 or more cases in an exposed group of employees), to any employees in the exposed group for voluntary use.

-CA Employment Law Report