Many law firms have posted on their blogs explaining the content of the new OSHA Emergency Temporary Standard (ETS) published on November 5, 2021.  I like this post, which is particularly comprehensive.

Rather than summarizing the ETS here, I want to ensure that all of you with operations in California understand what the ETS means for you.  Here’s the deal:

  • 28 states and territories, including California, have their own worker safety agencies. Those states have 30 days to implement either the ETS or a state-specific mandate.
  • If California decides to adopt its own mandate in place of the ETS, it must be at least as protective of workers as the ETS.
  • It won’t surprise you that “insiders” believe Cal/OSHA will adopt its own ETS, and will require more of employers than the ETS. How much more?  We don’t know yet.  The next few weeks will be telling.

Oh, the Fifth Circuit Court of Appeals just temporarily blocked the ETS to determine if it’s lawful.  And, many states are suing the federal government, claiming that the ETS is unconstitutional.  It’s getting interesting…

Join us for a complimentary webinar, “OSHA’s Temporary Standard: The Deets,” on November 8, from 9-10 a.m. California time for an in-depth discussion of the ETS and the implications for employers with California operations.  Register here.

Hang in there.

Additional Resources:  The text of the ETS is available here.

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