California’s Division of Occupational Safety and Health has announced it intends to work on a permanent version of the COVID Emergency Temporary Standard (ETS).  DOSH representatives recently met with their Advisory Committee to take comments on the proposal. 

DOSH wants the existing ETS, which is set to expire on Jan. 14, 2022, to be readopted in December 2022 and expire in April 2022. The permanent standard would replace the readopted ETS and expire in April 2022.

DOSH says the new proposed standard would significantly streamline the current ETS.  Slated for removal include exclusion pay; handwashing cleaning and disinfection requirements; requirements to test symptomatic, unvaccinated employees; and the requirement for a separate COVID-19 Prevention Program (CPP). Under the proposal, employers would be required to address COVID-19 through their Injury and Illness Prevention Program.

Provisions on employer-provided housing and transportation will be reportedly winnowed down as well. 

[Jason Resnick is senior vice president and general counsel of Western Growers.]

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