On Friday, February 3, 2023, Cal/OSHA's new COVID semi-permanent rule went into effect, ending the Cal/OSHA Emergency Temporary Standard (ETS) that applied to most employers in California since November 2020. The Cal/OSHA Standards Board approved the new rule on December 15, 2022, but the rule could not go into effect until the California Office of Administrative Law also gave approval. That final hurdle has now passed.
DWT previously issued an advisory describing the changes from the ETS to the new semi-permanent rule, including the expiration of the ETS's controversial exclusionary pay obligation and employers' new duty to report COVID major outbreaks to Cal/OSHA. The semi-permanent rule's provisions will remain in effect until February 3, 2025, except for certain recordkeeping provisions regarding employer record retention and confidentiality obligations, which will remain in effect until February 3, 2026.
Employers should implement the new, semi-permanent rule's legal requirements as quickly as possible. DWT's OSHA team is available to advise and assist employers in complying with these and any other Cal/OSHA legal issues.