On Friday, May 29, 2021, California’s Division of Occupational Safety and Health (Cal OSHA) announced that on June 3, 2021 it will vote on proposed amendments to the Emergency Temporary Standards, which govern the reopening of offices in the state. The proposed rule can be found here, and a redline comparison of the currently proposed rule and the earlier proposed rule of May 20, 2021 can be found here. If approved, the new rule is expected to go into effect on June 15, 2021.

A key difference between the two proposed rules involves testing. Cal OSHA had initially proposed that non-vaccinated employees be tested once a week (if the employer desired to omit social distancing requirements), but that proposed rule has now been stricken. In the new rule, social distancing is not required in the workplace if employees are masked or vaccinated.

Additionally, under the proposed new rule, the physical distancing requirements will end entirely on July 31, 2021. It also contains exceptions to the face coverings requirement for vaccinated employees in rooms in which all persons are fully vaccinated.

Employers are encouraged to closely read the new proposed rule or to contact Keesal, Young & Logan’s Employment Group with any questions.


– Keesal, Young & Logan Employment Group

This information has been prepared by Keesal, Young & Logan for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Keesal, Young & Logan. You should not act upon this information without seeking professional counsel.