Rancho Mesa's Alyssa Burley and Media Communications & Client Services Coordinator Megan Lockhart talk about Cal/OSHA’s latest Emergency Temporary Standard (or ETS) that goes into effect on January 14, 2022.

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Director/Host/Producer: Alyssa Burley

Guest: Megan Lockhart

Editor: Alyssa Burley

Music: "Home" by JHS Pedals, “News Room News” by Spence

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Transcript

Alyssa Burley: Hi, this is Alyssa Burley with Rancho Mesa Media Communications and Client Services Department. Thank you for listening to today's top Rancho Mesa News, brought to you by our safety and risk management network, StudioOne™.

Welcome back, everyone. Today, my guest is Megan Lockhart, Media Communications and Client Services Coordinator with Rancho Mesa. Today we’re going to discuss Cal/OSHA’s latest Emergency Temporary Standard, or ETS, that goes into effect on January 14, 2022. Megan, welcome to the show.

Megan Lockhart: Thanks for bringing me in on this one, Alyssa.

AB: Many of our California listeners are probably aware that on Thursday, December 16, 2021, the Cal/OSHA Standards Board voted in favor, 6 to 1, of adopting the revised COVID-19 Prevention Emergency Temporary Standard. This is the third iteration of the ETS since it originally went into effect in November 2020 and it happens to be the second and final re-adoption that’s allowed. 

ML: The newly adopted revised ETS goes into effect on January 14, 2022 when the current ETS expires, and it will be in effect until April 14, 2022, at which time the temporary standard must expire or Cal/OSHA has to adopt a permanent standard in order to keep some sort of COVID-19 related standard in place.

AB: Based on the discussions at the Cal/OSHA Standards Board’s December 16th meeting, it looks like Cal/OSHA is moving forward with a proposed permanent COVID-19 standard in March or April of 2022. So, we’ll keep an eye out on that.

Megan, let’s get into the changes that were made in the latest revised ETS.

ML: Sure, starting January 14, 2022, there is a new definition for what is considered a “COVID-19 test” to account for over-the-counter tests that are now readily available. The new definition specifically says if you’re using an over-the-counter test, it cannot be both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.

So, if an employee wants to use an over-the-counter COVID-19 rapid antigen test, they’ll need to either have the employer or an authorized telehealth proctor witness the test being performed and the results generated.  This is really to prevent employees from providing false results to employers.

AB: The new ETS also provides more details about what types of face coverings are now allowed and what’s not. Acceptable face coverings include surgical masks, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers that does not let light pass through when held up to a light source. There are exceptions for clear face coverings when worn strictly for accommodations purposes. Coverings must be secured to the head with ties, ear loops or elastic bands that go behind the head.

This means many of the cloth masks that are currently being used by employees will no longer be acceptable under this new standard.  Things like scarfs, ski masks, bandanas and other make-shift face coverings will not be permitted.

ML: The definition of “fully vaccinated” has also changed a bit.  The new language recognizes those who may have gotten their first dose of a two-dose vaccine series from one manufacturer and the second dose from another manufacturer.

AB: Another change is the definition of “worksite.” The new ETS clarifies that a worksite does not include locations where the employee does not have exposure to other employees. 

For example, if the employee is working from their home office, it would not be considered a worksite for ETS noticing purposes, nor would an office where the employee works by themselves and never is exposed to other employees.

ML: There are new requirements for testing employees after a COVID-19 exposure in the workplace.  Regardless of vaccination status, employers must now offer testing to all employees who have had a close contact with a COVID-19 case in the workplace. Prior to the revised ETS, employers did not have to offer testing to a vaccinated employee who was exposed.  This change is a result of break through cases in those who are fully vaccinated.  The only exception for not offering close contacts testing, is for those who have recovered from COVID-19 within the past 90 days and do not have symptoms.

AB: Another change for vaccinated employees includes wearing a mask in the workplace in lieu of a quarantine. While those employees who are vaccinated do not need to quarantine if they have had a close contact with a COVID-19 case, as long as they are asymptomatic and test negative, they can return to the workplace, but must wear a face covering and social distance for 14 days following the last date of close contact. This rule also applies to those who have recovered from    

COVID-19 within the last 90 days and are asymptomatic.

For those who are unvaccinated and have had a close contact with a COVID-19 case, as long as they test negative and are asymptomatic, they can return to the workplace after a 10-day quarantine, however, they must social distance and wear a face covering for 14 days.

There is a 7-day quarantine option for unvaccinated employees that are asymptomatic if they test negative at least five days after the close contact.  In this situation, the employee must maintain social distancing and wear a face covering.

ML: As for changes to how to handle testing as a result of an outbreak, vaccinated employees can no longer be excluded from being offered testing if there are three or more employee COVID-19 cases within an exposed group. So, employers just need to make sure they’re offering testing to both vaccinated and unvaccinated employees if they’ve had a close contact or were in an exposed group during an outbreak.

AB: Thanks, Megan.

One last thing to consider, while Cal/OSHA’s revised ETS does not take into consideration proposed federal vaccination or weekly testing mandates, nor other state and local requirements, we recommend that you consult your local and state health departments for additional requirements.

Megan, if listeners want to learn more about managing COVID-19 in the workplace, where can they get more information?

ML: Listeners can always visit ranchomesa.com/COVID-19 for all our COVID-related articles, podcast episodes, sample COVID-19 Prevention Program Templates, and links to insurance carriers, the CDC and other agencies.

AB: Megan, as always, thank you for joining me in StudioOne™.

ML: Thanks for having me.

AB: This is Alyssa Burley with Rancho Mesa. Thanks for tuning into our latest episode produced by StudioOne™. For more information, visit us at RanchoMesa.com and subscribe to our weekly newsletter.