California Governor Newsom Aligns Cal/OSHA Face Covering Regulations With CDPH Guidance

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Ogletree, Deakins, Nash, Smoak & Stewart

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Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
On February 28, 2022, Governor Gavin Newsom issued an executive order that updates the California Division of Occupational Safety and Health's (Cal/OSHA) COVID-19 Prevention Emergency Temporary...
United States Employment and HR
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On February 28, 2022, Governor Gavin Newsom issued an executive order that updates the California Division of Occupational Safety and Health's (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) to align with the California Department of Public Health (CDPH) guidance on face coverings for indoor locations issued the same day.

The executive order states that beginning March 1, 2022, masks will no longer be required for unvaccinated workers indoors. This is consistent with the CDPH guidance and less stringent than the previous Cal/OSHA ETS requirement that "unvaccinated workers wear face coverings at all times while indoors." Specifically, the executive order suspends California Code of Regulations, title 8, section 3205(c)(6)(A), which provided that "[f]or all employees who are not fully vaccinated, employers shall provide face coverings and ensure they are worn when indoors or in vehicles."

The order also extends the current ETS through May 5, 2022, to ensure the Occupational Safety and Health Standards Board has time to review the new guidance in anticipation of the next readoption of the Cal/OSHA COVID-19 ETS.

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California Governor Newsom Aligns Cal/OSHA Face Covering Regulations With CDPH Guidance

United States Employment and HR

Contributor

Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
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