SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.
One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the June 17, 2021 California Division of Occupational Safety and Health (Cal/OSHA) Occupational Safety and Health Standards Board (OSHSB) meeting. There is one item in particular that could impact you.
Workers Who Could be Impacted: Workers Throughout California
The OSHSB, is “a seven-member body appointed by the Governor, [and] is the standards-setting agency within the Cal/OSHA program. The Standards Board’s objective is to adopt reasonable and enforceable standards at least as effective as federal standards. The Standards Board also has the responsibility to grant or deny applications for variances from adopted standards and respond to petitions for new or revised standards.”
As discussed in a prior post, at its November 19, 2020 meeting Cal/OSHA’s OSHSB “unanimously adopted Emergency Temporary Standards to protect workers from hazards related to COVID-19…The temporary standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.
At its June 17, 2021 meeting, OSHSB “adopted revisions to the COVID-19 Prevention Emergency Temporary Standards that account for recent guidance from the California Department of Public Health based on increases in the number of people vaccinated…
The revisions include the following:
- Fully vaccinated employees do not need to be offered testing or excluded from work after close contact unless they have COVID-19 symptoms.
- Fully vaccinated employees do not need to wear face coverings except for certain situations during outbreaks and in settings where CDPH requires all persons to wear them. Employers must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors.
- Employees are not required to wear face coverings when outdoors regardless of vaccination status except for certain employees during outbreaks.
- Employees are explicitly allowed to wear a face covering without fear of retaliation from employers.
- Physical distancing requirements have been eliminated except where an employer determines there is a hazard and for certain employees during major outbreaks.
- Employees who are not fully vaccinated may request respirators for voluntary use from their employers at no cost and without fear of retaliation from their employers.
- Employees who are not fully vaccinated and exhibit COVID-19 symptoms must be offered testing by their employer.
- Employer-provided housing and transportation are exempt from the regulations where all employees are fully vaccinated.
- Employers must review the Interim guidance for Ventilation, Filtration, and Air Quality in Indoor Environments.
- Employers must evaluate ventilation systems to maximize outdoor air and increase filtration efficiency, and evaluate the use of additional air cleaning systems.”
“Governor Gavin Newsom…signed an Executive Order enabling the revisions to take effect without the normal 10-day review period by the Office of Administrative Law…The revised standards took effect today.”
We hope these updates are helpful to you.
SR Holguin, PC