1 conducted a Stakeholders Meeting to address employer concerns about the COVID-19 Emergency Temporary Standard (ETS) issued by the California Occupational Safety and Health (Cal/OSHA), explain the ETS’s key provisions, and establish a focused agenda for an upcoming Advisory Committee Meeting during which Cal/OSHA will consider amendments to the ETS.
Background on the ETS
The ETS took effect on November 30, 2020, over the objections of several employers, trade associations, employer agencies, and defense counsel. It consists of five particularly notable sections addressing COVID-19 prevention, multiple COVID-19 infections and COVID-19 outbreaks, major COVID-19 outbreaks, COVID-19 prevention in employer-provided housing, and COVID-19 prevention in employer-provided transportation to and from work. Subsequently, in an attempt to clarify ambiguities stemming from the ETS, Cal/OSHA issued guidance on the ETS, including FAQs.
As a result, some counties enforce the rules and some don’t. And because the state hasn’t stepped in to assist with adequate enforcement, some local officials say, businesses are often free to ignore the rules, allowing the virus to run rampant.
“It would be nice to have some air support from the governor,” said Nevada City Councilman Doug Fleming, who backs the city’s new ordinance imposing fines for violating the state mask mandate. “He’s kind of forcing local jurisdictions to enforce his rules without any air support.”
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California is experiencing a surge of coronavirus cases as never before, setting records almost daily for infections and deaths. Hospitals across the state are running dangerously low on intensive care unit beds, with the state reporting 2.5% ICU capacity as of Monday.
Friday, December 18, 2020
Employers should be mindful of a new law, California A.B. 685, which goes into effect on January 1, 2021 and creates reporting obligations that require employers of all sizes to provide written notice of their industrial and nonindustrial COVID-19 cases to employees and local public health officials, as well as the California Occupational Safety and Health Administration (Cal-OSHA). The law will remain in place until January 1, 2023. Employers who fail to comply with A.B. 685 regulations are subject to civil penalties and citations.
This advisory summarizes California A.B. 685, codified under California Labor Code section 6409.6 (and sections 6325 and 6432 as amended), which sets out new requirements for employers to notify their employees, employees of subcontracted workers, and union representatives of suspected and diagnosed cases of COVID-19 and also to report workplace outbreaks of COVID-19 to local health departments.
California Gov. Gavin Newsom launched “Vaccinate All 58” on Monday, a campaign to distribute COVID-19 vaccines to California’s 58 counties.
The “Vaccinate All 58” campaign is based on safety and equity and is a partnership with the Kaiser Permanente Los Angeles Medical Center, where some of the first Pfizer COVID-19 vaccines were administered. Front-line health care workers and senior center residents will be prioritized due to their risk and level of exposure as the vaccine shipments arrive. According to a press release, broad distribution will happen in later months.
“By taking collective, inclusive action across all 58 counties to get people vaccinated, we can get through to a healthier future for all,” Newsom said in the press release. “This is a moment for hope, and it is also a time to remain vigilant as we face the most intense surge yet.”