Legal Professor Online

As a reminder, the January 10, 2022 deadline requires employers to comply with all parts of OSHA’s general duty COVID Emergency Testing Standard (ETS) except the weekly testing option that includes: 1) requiring a written vaccination policy, 2) providing PTO for employees to get vaccinated, 3) removing COVID positive employees from the workplace, 4) requiring face coverings for unvaccinated employees, and 5) confirming the vaccination status of the workforce with an employee roster.

Dec 20: UPDATE: The Labor Department announced on Saturday that it will delay full enforcement of its coronavirus vaccine mandate for large employers until February 9, after a series of legal battles made enforcement of the mandate uncertain. Dec 19: Hot Off the Press: Starting January 4, 2022, Employers with 100+ employees must ensure all employees are COVID-19 vaccinated or tested weekly. This may change; surprisesurprise.

"I'm confused. Which employees have to wear a mask inside our business...AS OF TODAY?!?" (This is the call I just received July 30, 2021). Conflicting guidance from different state and federal agencies can be difficult to reconcile. Last month, in the wake of the California Department of Public Health’s (CDPH) reopening of California, Cal/OSHA revised its Emergency Temporary Standard (ETS) stating that fully vaccinated individuals were no longer required to wear face coveri...ngs. At first glance, it appears that the ETS is at odds with both the CDC and the CDPH’s most recent guidance ("recommending" all wear masks inside). However, the ETS expressly provides that employers shall provide face coverings and ensure they are worn by employees when required by orders from the CDPH. For this reason, employers must carefully follow any such requirements ordered by the CDPH. Meaning: Vaccinated are not required to wear face-coverings. Unvaccinated MUST wear face-coverings....as of today at 8:55am! Stay tuned folks!

Hot Off the Press: CA employers, be sure your EEs missed meal/rest break "premium pay" includes adjustments to the base hourly wage for such things as shift differentials and non-discretionary bonuses. Calculate same as over-time pay. (It may not be just the hourly rate of pay!) The article has a helpful 3-Step plan of action.

If you have employees working in fire affected areas Cal-OSHA requires you to monitor the air. Here's some required reading on the topic. So far, we've been very fortunate in Southern CA!

With all the fires in the western part of the U.S. here's a great site to monitor air quality in your area. Cal-OSHA requires employers with employees working outdoor to monitor the air.

I need to know, I need to know.

Wondering "WHY" it's so difficult to find employees to hire? Interesting read.

Sections 6 and 7 still apply until Cal-Osha states otherwise.

Post Vaccination COVID Exposure Cal-OSHA poster.

Employers: If you're mandating the COVID-19 vaccination, (Federal) OSHA added an additional administrative and recordkeeping requirement. In the FAQ’s, OSHA states that if an employer requires its employees to be vaccinated as a condition of employment, then any adverse reaction to the vaccine is work-related.