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February 9, 2023

Cal/OSHA COVID-19 Prevention Non-Emergency Rules Adopted

As discussed here, the California Occupational Safety and Health Standards Board voted on December 15, 2022 to adopt non-emergency COVID-19 prevention regulations. A certificate of compliance allowed the existing COVID-19 Prevention Emergency Temporary Standards (ETS) to remain in effect while the state’s Office of Administrative Law conducted its 30-day review. The newly adopted regulations took effect February 3, 2023 and will remain in effect until February 3, 2025.[i]

The newly adopted regulations maintain some of the same requirements found in the ETS and provide for several new provisions ostensibly aimed at making it easier for employers to provide a safe and healthy workplace while remaining flexible in adapting to any changes in guidance provided by the California Department of Public Health. The non-emergency regulations apply to most workers in California not covered by the Aerosol Transmissible Diseases standard.

Cal/OSHA has created a new COVID-19 Prevention Non-Emergency Regulation webpage with an updated fact sheet, FAQs and an updated COVID-19 Model Written Program[ii].

Check here, for an overview of some of the more notable changes under the new regulations and which ETS regulations continue into 2023 and beyond.[iii]


[i] Recordkeeping subsections will remain in effect for three years.

[ii] The model is downloadable and fillable as a Word document.

[iii] Click here to review a comparison draft of the amended regulations and here to view the Standards as presented to the OSHSB.