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Cal/OSHA Adopts Final Version of ETS

by Jennifer Shaw | | April 22, 2022

As expected, Cal/OSHA approved the revised ETS yesterday, which will replace the current version set to expire on May 5, 2022. The new version will remain in effect (unless modified by an executive order) through December 31, 2022. You can find the revised language here.

The third adoption includes the following changes:

  • The elimination of the term “fully vaccinated”
  • A requirement that symptomatic employees be tested regardless of their vaccination status
  • A COVID-19 test may now be self-administered and self-read if the results can be verified, such as through the use of a time-stamped photo
  • The elimination of the “light test” for masks
  • Removal of various cleaning and disinfection requirements
  • The creation of a new category, “returned case,” referring to employees who return to work after testing positive for COVID-19 that do not develop symptoms after their return (employers are not required to make COVID-19 testing available to these individuals)
  • A statement that the CDPH’s guidance takes precedence over the ETS with respect to exclusion and return-to-work

Two key things have not changed:

  • You still need a COVID-19 Prevention Plan
  • Exclusion pay is still in effect

Sigh.

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