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Association of California School Administrators
Association of California School Administrators
Cal OSHA adopts revised ETS
June 28, 2021
On June 17, the Cal OSHA Standards Board adopted revised Emergency Temporary Standards regarding employee safety and employer responsibilities, including for K-12 schools.
The revised standards come following special meetings held to address conflicts between the Cal OSHA Emergency Temporary Standards and the CDC/CDPH guidelines. The standards took effect immediately as a result of Gov. Gavin Newsom issuing an Executive Order that waived the normal 10-day Office of Administrative Hearings review. The revised standards replace the emergency regulations adopted by the board on Nov. 30, 2020 and apply to all employers and employees, public and private.
The following is ACSA’s brief summary of the changes:
  • End of social distancing outdoors and indoors and only requiring physical distancing and barriers when there is a major outbreak at a work location.
  • Outbreak will be triggered by three or more employees, not members of the public. Major outbreak is triggered by 20 or more employees in an exposed work group.
  • No longer requiring fully vaccinated employees to be tested or quarantined after close contact with a COVID-19 case unless the employee exhibits symptoms.
  • No longer requiring masking for vaccinated employees working indoors except where required by CDC/CDPH (such as in schools).
  • Requires an employer to provide an unvaccinated employee working indoors or in a vehicle with an N95 respirator upon the employee’s request. Requires “stockpiling” for unvaccinated workers. The state will provide N95 respirators for the first month, pursuant to the governor’s Executive Order. Please see https://saferatwork.covid19.ca.gov/n95-distribution/ for details.
  • Continues to require an employer to provide a face covering to any employee who requests one, regardless of vaccination status.
  • Loosening of disinfecting/cleaning requirements.
  • Requires employers to evaluate ventilation systems to maximize outdoor air, increase filtration efficiency and evaluate use of additional air cleaning.
  • Loosening of transportation requirements.
  • Use of self-attestation to determine who is vaccinated, instead of any unreasonable verification requirements. (See revised FAQs at https://www.dir.ca.gov/dosh/coronavirus/Revisions-FAQ.html.)
LEAs will continue to experience additional masking, physical distancing, hand washing, etc. through the current school year ending June 30, 2021. At this time, the CDC will be updating its guidance for schools regarding the 2021-22 school year.
FYI
Have questions on OSHA standards?
Contact Laura Preston at lpreston@acsa.org.
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