As discussed here, California’s Occupational Safety and Health Standards Board (Cal-OSHA) voted on December 15, 2022, to adopt non-emergency COVID-19 Prevention regulations. The non-emergency regulation was to replace the current emergency temporary standards (ETS) which were set to expire on December 31, 2022.
The regulations were anticipated to take effect January 1, 2023 through December 31, 2024 once approved by the Office of Administrative Law (OAL). To prevent gaps in enforcement, the Cal/OSHA Standards Board recently submitted a certificate of compliance allowing the COVID-19 Prevention Emergency Temporary Standards to remain in effect while the OAL conducts its 30 working-day review, which could slip into February.
Employers should continue to adhere to the ETS pending OAL approval of the COVID-19 Prevention Non-Emergency Regulation.