IIPP

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 Division of Occupational Safety and Health (DOSH) revealed a proposed Permanent COVID-19 rule.

Andrew J. Sommer, the Head of CMC’s Cal/OSHA Practice, was interviewed by InsideOSHA about these developments. Here’s a link to the article with that detailed interview, and below is some additional context and background about the rulemaking.

The draft permanent rule is intended to replace the COVID-19 ETS that is set to expire at the end of 2022. Here is a link to the agency’s draft regulatory text for the permanent rule. The proposed permanent rule is expected to remain in effect for two years, except for the record-making and recordkeeping provisions that would remain effective for three years.

While DOSH previously indicated that the “permanent” rule would be consistent with the ETS, there are a few significant changes we have identified. Most troubling among them, the definition of “close contact” has been made consistent with California Department of Public Health (CDPH) guidance removing the 6-foot, 15-minutes standard. Instead, the draft defines close contact as:

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By Eric J. Conn and Dan C. Deacon of Conn Maciel Carey’s national OSHA Practice

OSHA announced in a November 30, 2015 Press Release, that it is seeking public comment on its updated voluntary Safety and Health Program Management Guidelines, described by OSHA as:

“providing employers and workers with a sound, flexible framework for addressing safety and health issues in the workplace.”

Comments about the draft Guidelines are due by February 15, 2016, and OSHA has stated its intention to hold a public meeting in March 2016 to receive further comment on the guidelines. OSHA’s projected final release date for the revised Guidelines is sometime in the Spring or Summer of 2016, before the end of President Obama’s second term.

Dr. David Michaels, the Assistant Secretary of Labor for OSHA, an epidemiologist by training, is a big believer in the value of data. From our experience, he loves to analyze quantitative data and set policy based on this analysis. A primary reason for the resurrection and revision of the H&S Management Guidelines, we suspect, is the strong correlation Dr. Michaels has found between the application of sound safety and health management practices and lower rates of incidents of occupational injuries and illnesses.

OSHA’s analysis shows that where effective safety and health management is practiced, injury and illness rates are significantly less than rates at comparable worksites where safety and health management is weak or non-existent. Hence, before he leaves office, it is no surprise that Dr. Michaels has Continue reading →