[Webinar] Cal/OSHA’s COVID-19 Emergency Temporary Standard

On Tuesday, January 26th at 12:00 PM PT / 3:00 PM ET, plan to join Andrew J. Sommer, Fred Walter and Megan S. Shaked for a webinar regarding Cal/OSHA’s COVID-19 Emergency Temporary Standard. Not to be outdone by other State OSH Plans like Virginia OSHA, Oregon OSHA, and Michigan OSHA, Cal/OSHA has adopted its own COVID-19 specific emergency temporary standard, and … Continue reading [Webinar] Cal/OSHA’s COVID-19 Emergency Temporary Standard

Cal/OSHA’s COVID-19 Emergency Temporary Standard [Webinar Recording]

On January 26th, Andrew J. Sommer, Fred Walter and Megan S. Shaked presented a webinar regarding Cal/OSHA’s COVID-19 Emergency Temporary Standard. Not to be outdone by other State OSH Plans like Virginia OSHA, Oregon OSHA, and Michigan OSHA, Cal/OSHA has adopted its own COVID-19 specific emergency temporary standard, and it is in a league of its own. This standard … Continue reading Cal/OSHA’s COVID-19 Emergency Temporary Standard [Webinar Recording]

Cal/OSHA’s COVID-19 Emergency Temporary Standard and Vaccinated Workers

By Conn Maciel Carey’s COVID-19 Task Force As the number of vaccinated workers continues to rise, and despite guidance from the CDC lifting certain restrictions against fully vaccinated individuals, Cal/OSHA’s current official position, as reflected in its COVID-19 ETS FAQs, is that “[f]or now, all prevention measures must continue to be implemented” for vaccinated persons.  The … Continue reading Cal/OSHA’s COVID-19 Emergency Temporary Standard and Vaccinated Workers

Cal/OSHA Enforcement and Regulatory Update [Webinar Recording]

On Tuesday, March 15, 2022, Andrew Sommer, Fred Walter, and Megan Shaked presented a webinar regarding a Cal/OSHA Enforcement and Regulatory Update. This has been a challenging year for California employers navigating the COVID-19 pandemic with a set of ever-changing regulatory requirements, as well as a flurry of other new workplace safety laws the legislature passed towards the end of … Continue reading Cal/OSHA Enforcement and Regulatory Update [Webinar Recording]

Cal/OSHA’s COVID-19 ETS To Be Updated This Week — And They Mean It This Time

By Andrew J. Sommer and Eric J. Conn We are barreling towards major changes to Cal/OSHA’s COVID-19 requirements for California employers expected to take effect on Thursday or Friday of this week. After the back and forth with the last revised ETS that was voted down, then approved minutes later, the clawed back a few … Continue reading Cal/OSHA’s COVID-19 ETS To Be Updated This Week — And They Mean It This Time

Cal/OSHA Advisory Committee Convened as Division Considers Changes to COVID-19 Emergency Temporary Standard

By Conn Maciel Carey’s COVID-19 Task Force Over four months after the California Occupational Safety and Health Standards Board (“Board”) unanimously adopted a COVID-19 Emergency Temporary Standard (“ETS”), the Division of Occupational Safety and Health (the “Division”) has been busy considering potential changes to the emergency regulation.  When the ETS was first adopted, the regulated community scrambled to … Continue reading Cal/OSHA Advisory Committee Convened as Division Considers Changes to COVID-19 Emergency Temporary Standard

Coalition to Work on Federal OSHA’s COVID-19 Emergency Rulemaking

Background In his first day in office, President Biden issued an Executive Order (“EO”) that directed Fed OSHA to revisit its strategy for regulating and enforcing workplace spread of COVID-19.  Among other actions, the EO directed OSHA to consider whether a federal COVID-19 emergency temporary standard (“ETS”) is necessary.  We believe it is a foregone … Continue reading Coalition to Work on Federal OSHA’s COVID-19 Emergency Rulemaking

Cal/OSHA’s Revised COVID-19 Emergency Temporary Standard [Webinar Recording]

On June 18, 2021, Andrew J. Sommer and Eric J. Conn presented a webinar regarding Cal/OSHA’s Revised COVID-19 Emergency Temporary Standard. The saga around Cal/OSHA’s COVID-19 Emergency Temporary Standard (ETS) has taken several bizarre twists and turns.  After hurriedly adopting the ETS over Thanksgiving weekend 2020, Cal/OSHA set about this spring to fix some problems with … Continue reading Cal/OSHA’s Revised COVID-19 Emergency Temporary Standard [Webinar Recording]

Cal/OSHA Standards Board to Consider Revised COVID-19 Emergency Rule for Re-adoption

The Cal/OSHA Standards Board has issued a revised draft of the COVID-19 Emergency Temporary Standard (ETS) for a second re-adoption.  This draft shows in underlined text the latest proposed changes from the current emergency regulation (not the October draft text discussed in our prior blog post).  The second re-adoption of the ETS, if adopted, will be effective from … Continue reading Cal/OSHA Standards Board to Consider Revised COVID-19 Emergency Rule for Re-adoption

More On Cal/OSHA’s Proposed Amendments to its COVID-19 ETS

By Fred Walter In our May 11th blog article, we covered some of the most important changes to Cal/OSHA’s COVID-19 emergency temporary standard that the Division has proposed for approval at the next Cal/OSHA Standards Board meeting later this week on May 20, 2021. Here we offer some additional insights into the amendments and their … Continue reading More On Cal/OSHA’s Proposed Amendments to its COVID-19 ETS

Cal/OSHA Proposes “Permanent” COVID-19 Prevention Rule – Under Review By Its Advisory Committee

Cal/OSHA has just convened an Advisory Committee to consider a proposed permanent Cal/OSHA COVID-19 prevention permanent rule, scheduled to meet on September 23, 2021.  Conn Maciel Carey has been invited to serve on the Advisory Committee, on behalf of the California Employers COVID-19 Prevention Coalition – composed of a broad array of California and national … Continue reading Cal/OSHA Proposes “Permanent” COVID-19 Prevention Rule – Under Review By Its Advisory Committee

Cal/OSHA Introduces Proposed Amendments to its COVID-19 Emergency Temporary Standard

By Conn Maciel Carey’s COVID-19 Task Force On Friday, May 7th, Cal/OSHA finalized and published a proposed amended version of its COVID-19 Emergency Temporary Standard (the “ETS”), which the Cal/OSH Standards Board will consider for readoption at the Board’s upcoming May 20, 2021 meeting.  The revised sections of the ETS include a series of changes sought by … Continue reading Cal/OSHA Introduces Proposed Amendments to its COVID-19 Emergency Temporary Standard

Announcing Conn Maciel Carey’s 2021 OSHA Webinar Series

ANNOUNCING CONN MACIEL CAREY’S 2021 OSHA WEBINAR SERIES As the Trump Administration hands over the keys to President-Elect Biden and a new Democratic Administration, OSHA’s enforcement and regulatory landscape is set to change in dramatic ways, from shifting enforcement priorities, budgets and policies, to efforts to reignite OSHA’s rulemaking apparatus. Following an Administration that never … Continue reading Announcing Conn Maciel Carey’s 2021 OSHA Webinar Series

Cal/OSHA’s COVID-19 Emergency Temporary Standard Survives Two Legal Challenges

By Andrew Sommer, Eric Conn, and Beeta Lashkari On February 25, 2021, Superior Court Judge Ethan Schulman officially ruled on two requests for preliminary injunctions against the implementation of Cal/OSHA’s COVID-19 emergency temporary standard (ETS), denying the injunctive relief sought in both cases. Two separate legal challenges to the ETS were filed a couple of … Continue reading Cal/OSHA’s COVID-19 Emergency Temporary Standard Survives Two Legal Challenges

Another Status Update about Federal OSHA’s COVID-19 Emergency Rulemaking

By Conn Maciel Carey’s COVID-19 Task Force It has been nearly a full month since the deadline set by President Biden’s Day-1 OSHA Executive Order for Federal OSHA to determine the necessity of and to issue a COVID-19 Emergency Temporary Standard (ETS), and we are all still waiting for the big news.  OSHA has not … Continue reading Another Status Update about Federal OSHA’s COVID-19 Emergency Rulemaking

What Does the EEOC’s Updated COVID-19 Testing Guidance Mean for Employers

By Kara M. Maciel and Ashley D. Mitchell As COVID-19 infections continue to climb, the EEOC rolled back its guidance that COVID-19 viral screening tests conducted by employers is always permissive under the Americans with Disabilities Act (“ADA”). The updated guidance requires employers to weigh a host of factors and determine whether COVID-19 viral screening is “job-related and consistent with … Continue reading What Does the EEOC’s Updated COVID-19 Testing Guidance Mean for Employers

Cal/OSHA Standards Board Votes Down – Then Revotes to Adopt, with Reservations – Cal/OSHA Revised COVID-19 Emergency Temporary Standard

By Conn Maciel Carey’s COVID-19 Task Force Yesterday, June 3, 2021, the California Occupational Safety and Health Standards Board (Board) convened and, in a bizarre turn of events, voted against, and then, moments later, voted to approve, Cal/OSHA’s revised COVID-19 Emergency Temporary Standard (ETS).  The revised ETS is expected to take effect on June 15, 2021. … Continue reading Cal/OSHA Standards Board Votes Down – Then Revotes to Adopt, with Reservations – Cal/OSHA Revised COVID-19 Emergency Temporary Standard

[RESCHEDULED] Cal/OSHA’S Revised COVID-19 Emergency Temporary Standard

Because the Cal/OSHA Standards Board has just pulled back the revisions to the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS) and will consider other revisions at its June 17th meeting, we have rescheduled our webinar “Cal/OSHA’s Revised COVID-19 Emergency Temporary Standard” for June 18, 2021, at 10 a.m. PT. As background, the Standards Board voted to … Continue reading [RESCHEDULED] Cal/OSHA’S Revised COVID-19 Emergency Temporary Standard

Vaccinated Workers Are Not Required to Quarantine Under Cal/OSHA’s COVID-19 ETS, But Masks and Distancing Are Still Required

By Conn Maciel Carey’s COVID-19 Task Force The California Department of Public Health (CDPH) issued new guidance yesterday – COVID-19 Public Health Recommendations for Fully Vaccinated People – that affects some aspects of Cal/OSHA’s COVID-19 ETS.  For purposes of this discussion, people are considered fully vaccinated for COVID-19 either two weeks or more after they receive the second … Continue reading Vaccinated Workers Are Not Required to Quarantine Under Cal/OSHA’s COVID-19 ETS, But Masks and Distancing Are Still Required

Five Important Updates About Federal OSHA and Cal/OSHA COVID-19 Recordkeeping

By Conn Maciel Carey’s COVID-19 Task Force It has been a little while since we last shared an update about COVID-19 recordkeeping issues. Since Fed OSHA issued its COVID-19 recordkeeping guidance in May 2020 and Cal/OSHA issued its controversial COVID-19 Recordkeeping FAQs with unique, more onerous requirements in June, the agencies have been mostly quiet … Continue reading Five Important Updates About Federal OSHA and Cal/OSHA COVID-19 Recordkeeping

What Employers Need to Know about the Pay and Benefits Continuation Elements of Cal/OSHA’s COVID-19 Emergency Rule

By Mark Trapp, Andrew Sommer, and Beeta Lashkari On November 30, 2020, Cal/OSHA issued its final COVID-19 Emergency Temporary Standard (“ETS”), with all of its provisions effective immediately.  One of those provisions — the exclusion pay and benefits continuation requirements — has been at the center of much controversy. Typical among these COVID-19 emergency rules, the Cal/OSHA regulations requires … Continue reading What Employers Need to Know about the Pay and Benefits Continuation Elements of Cal/OSHA’s COVID-19 Emergency Rule

Annual Cal/OSHA Update: Legislation, Regulation, Guidance, Executive Orders and More! Oh My! [Webinar]

On Tuesday, March 23, 2021 at 1:00 P.M. PT / 4:00 P.M. ET, join Andrew J. Sommer, Fred Walter and Megan Shaked for a webinar regarding “Annual Cal/OSHA Update: Legislation, Regulation, Guidance, Executive Orders and More! Oh My!” This year’s annual Cal/OSHA update will cover the latest legislative, regulatory and enforcement developments concerning COVID-19, including … Continue reading Annual Cal/OSHA Update: Legislation, Regulation, Guidance, Executive Orders and More! Oh My! [Webinar]

Conn Maciel Carey’s 2022 OSHA Webinar Series

ANNOUNCING CONN MACIEL CAREY’S 2022 OSHA WEBINAR SERIES A full year into the Biden Administration, the senior leadership team at federal OSHA is set, the agency’s new regulatory agenda has been revealed, and the enforcement landscape has begun to take shape, revealing a dramatic shift in priorities, including stronger enforcement, higher budgets and more robust … Continue reading Conn Maciel Carey’s 2022 OSHA Webinar Series

Annual Cal/OSHA Update: Legislation, Regulations, Guidance, Executive Orders and More! Oh My! [Webinar Recording]

On March 23, 2021, Andrew J. Sommer, Fred Walter and Megan Shaked presented a webinar regarding Annual Cal/OSHA Update: Legislation, Regulations, Guidance, Executive Orders and More! Oh My!” This year’s annual Cal/OSHA update covered the latest legislative, regulatory and enforcement developments concerning COVID-19, including the Emergency COVID-19 Prevention Rule. We also alerted you to new regulatory changes concerning … Continue reading Annual Cal/OSHA Update: Legislation, Regulations, Guidance, Executive Orders and More! Oh My! [Webinar Recording]

Cal/OSHA Reveals a Draft of Its Proposed “Permanent” COVID-19 Regulation

By Andrew J. Sommer Cal/OSHA has used up all of its “re-adoptions” of its COVID-19 Emergency Temporary Standard, so if COVID-19 regulatory requirements are to remain in effect in California into 2023, the Cal/OSHA Standards Board will need to adopt a “Permanent” COVID-19 rule. At a meeting of the Cal/OSH Standards Board last week, the … Continue reading Cal/OSHA Reveals a Draft of Its Proposed “Permanent” COVID-19 Regulation