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COVID-19 Non-Emergency Regulation Approved

by Jennifer Shaw | | December 16, 2022

As predicted, the Cal/OSHA Standards Board last night adopted the COVID-19 Prevention Non-Emergency Regulation.  Notably, the current ETS will remain in effect while the Office of Administrative Law (“OAL”) reviews the new regulation, and will not expire on December 31, 2022.  The OAL has 30 days to complete its review, and if approved, the new regulation will be effective for two years.

What do you need to know about the new regulation?  Here is a link to the Cal/OSHA’s summary document: https://www.dir.ca.gov/dosh/coronavirus/Non-Emergency-regs-summary.pdf.  This document highlights the changes to the current Emergency Temporary Standards:  https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Non-Emergency-txtcourtesy.pdf. Cal/OSHA will release FAQs and a new model COVID-19 prevention plan “soon.”

In a bit of good news for employers, “exclusion pay” is no longer required.  Yes, Virginia. There is a Santa Claus.

Stay tuned for more details.

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Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
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