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As reported here, Cal/OSHA’s June 17th Emergency Temporary Standards (ETS) amendments were intended to bring California Department of Public Health mask guidelines and Cal-OSHA’s workplace requirements more in line with CDC recommendations. A welcome turn of events allowing employers a more identifiable means of preparing to return workers to the workplace.
However, since the passage of the ETS amendments, several counties have seen a rise in COVID-19 cases. In response, many local counties, including the Los Angeles County Public Health Department (LADPH), have issued revised orders.[i] Under LADPH’s new order, everyone must wear a mask, regardless of their vaccination status in the following situations:
Individuals, businesses, venue operators or a host of public indoor settings must:
While allowing fully vaccinated employees to forgo face coverings in the workplace upon providing proof, or attesting, that they are fully vaccinated, Cal-OSHA ETS requirements also allow local health jurisdictions to require more protective mandates. Accordingly, the LADPH order overrides the more permissible Cal/OSHA Emergency Temporary Standards.
The most stringent requirement under the LADPH order is the testing requirement for workers who cannot feasibly wear a mask while performing their work. The LADPH order requires these employees to be tested for COVID-19 at least twice per week unless the employer is provided proof of the employee’s full vaccination status or proof of recovery from laboratory-confirmed COVID-19 within the past 90 days. The LADPH order also requires masks to be worn in all indoor public places in Los Angeles County. More information can be found on the LADPH website.
Following a joint statement issued by several Northern California Counties, strongly recommending masking for everyone indoors, it is expected that more counties will soon follow LADPH’s lead in issuing stronger masking mandates.
Employers should begin checking their local county health department website to assure compliance with any revised masking mandates.
[i] LADPH’s order went into effect on July 17, 2021. (Highlighting of the LADPH order courtesy of LADPH).
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