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Legislative update: California’s Emergency Temporary Standard regarding COVID-19

On Nov. 30, 2020, the first version of California’s Emergency Temporary Standard (ETS) regarding COVID-19 took effect. The ETS was updated in June 2021 and again on Dec. 16, 2021. The most recent revisions went into effect on Jan. 14, 2022. The revisions are effective through April 14, 2022. The following information outlines what has changed. 

ETS UPDATES EFFECTIVE JAN. 14, 2022

  • Modest changes to some of the definitions pertaining to self-testing, face coverings and the minimum amount of time required between first and second vaccination doses.
  • Employers must make testing available to fully vaccinated employees after close contact. 
  • Employees, regardless of vaccination status, must isolate for a minimum of five days. This period of time is shorter than previous versions of the ETS and is in line with guidance provided by the California Department of Public Health (CDPH). The isolation period may extend to 10 days if an employee cannot test or declines to test.  
  • For unvaccinated employees who have been exposed to someone with COVID-19 or those who are vaccinated and booster eligible but have not yet received their booster, a quarantine period of at least five days is required. 
  • For those who are fully vaccinated including boosted when eligible, no quarantine is required. They must wear face coverings for 10 days and test three to five days following exposure.
  • If fully vaccinated employees, regardless of booster status, cannot be tested, then they must be physically distanced (at least six feet) from coworkers and wear a face covering for 14 days. 
  • Regardless of vaccination status, if an outbreak occurs at a workplace, employers must provide testing once weekly until the outbreak has resolved. Outbreak rules apply when an employer has three or more cases within a 14-day period in the same workplace. 
  • For major outbreaks, testing is required twice weekly. Major outbreak rules apply when an employer has 20 or more cases over a 30-day period in the same workplace.


Cal-OSHA has indicated that enforcement of these new provisions coincides with the effective date of the revised ETS, Jan. 14, 2022.
Click here to view more details about the changes, some of the continuing requirements of the original ETS, Cal-OSHA’s FAQs and CDPH’s isolation and quarantine guidance.

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