November 18, 2022

Cal/OSHA Removes ‘Exclusion Pay’ from Non-Emergency COVID-19 Standard

Cal/OSHA has announced it will be dropping ‘exclusion pay’ from its forthcoming Non-Emergency COVID-19 Standard. It was anticipated that a decision concerning exclusion pay would be made in time to allow a seamless transition at the end of this year when the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) expire.  

The October Cal/OSHA Standards Board meeting saw much debate over whether the current ‘exclusion pay’ mandate should be added to the new non-emergency standard. Concerns over the inevitable months-long delay that would have impacted implementation of the new standard pushed the Board to remove the exclusion pay requirement going forward. With the next Board meeting scheduled for December 15, 2022, it is anticipated that the new standard will take effect at the first of the year.

Employers should continue to comply with the current ETS until the non-emergency standard takes effect.