June 2022: Governor Newsom Terminates Five Provisions in the COVID-19 Executive Orders

Update Applicable to:
All employers in the state of California

What happened?
On June 17, 2022, Governor Newsom issued Executive Order N-11-22, which terminates certain provisions of prior executive orders as they are considered no longer necessary due to changes in the Emergency Temporary Standards (ETS).

What are the details?
The current version of the ETS remains in effect until the end of 2022. However, Cal/OSHA won’t be done with COVID-19 regulations in 2023. The agency is currently working on a permanent COVID-19 Standard. Recently, the draft of the proposed regulation was released.

The draft regulation carries over many of the employer obligations from the current ETS. The following are some of the proposed requirements:

• COVID-19 procedures are either included in their Injury and Illness Prevention Program (IIPP) or a separate document.
• Exclusion and prevention requirements for employees who test positive and close contacts.
• Employers would continue to be required to provide testing to employees who have close contact in the workplace.
• Employers would continue to have notice requirements for COVID-19 exposure.
• Employers would continue to have to provide face coverings to employees.
• Employers would continue to have reporting and recordkeeping requirements for COVID-19 cases and outbreaks in the workplace.

Currently, no public hearing has been set for the proposed permanent COVID-19 Standard, so it is uncertain how soon the regulations may be implemented.

What do employers need to do?
Employers should review the links provided above and be on the lookout for any new updates from the Office of Governor Newsom regarding the proposed COVID-19 standards.