On Thursday December 15th, Cal/OSHA voted to adopt a new Non-Emergency COVID Regulation to replace the current COVID Emergency Temporary Standard (“ETS”). The ETS will remain in effect while the Office of Administrative Law (“OAL”) reviews the Non-Emergency COVID Regulation. The OAL has thirty working days to review. If the OAL approves the new regulation, it will remain in effect for two years.

In general, the new Non-Emergency COVID Regulation places fewer burdens on employers than the ETS did. Many of the requirements under the ETS have been removed entirely. However, some requirements have been modified, for example:

Employers should update their CPP and/or IIPP in preparation for the new year. Contact your SFSS&W attorney if you have any questions regarding the new Non-Emergency COVID Regulation and to update your Employee Handbook for the 2023 year.

Source: Written By Swerdlow Florence Sanchez Swerdlow & Wimmer

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