On November 18, 2021, the Occupational Safety and Health Standards Board (“OSHSB”) delayed consideration of newly proposed regulations related to vaccination, testing, and face coverings that it had previously indicated it would consider at this meeting.
The OSHSB provided that the delay was precipitated by the Fifth Circuit Court of Appeals’ emergency stay of comparable regulations promulgated by the federal Occupational Safety and Health Administration (“OSHA”), which would require that employers with 100 or more employees that are subject to OSHA jurisdiction ensure that their employees are either fully vaccinated or tested for COVID-19 on a weekly basis.
If and when the federal OSHA regulations become effective, the OSHSB will have 30 days to adopt regulations that are “at least as effective” as the federal requirements. [1]
For the time being, all previously effective COVID-19-related statutes, regulations, and health orders applicable to California employers remain operative and enforceable, and neither the federal stay nor OSHSB’s inaction changes employers’ obligations to comply with such requirements.
Liebert Cassidy Whitmore attorneys will be monitoring the proceedings at the Sixth Circuit Court of Appeals and the actions of the OSHSB.[2] If and when OSHSB adopts regulations that will apply to employers in the state, Liebert Cassidy Whitmore will provide an update to clients on their regulatory obligations.
[1] See Department of Industrial Relations (“DIR”), “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” Vaccines, Question 9, https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html
[2] The Sixth Circuit Court of Appeals has taken up consideration of the Fifth Circuit Court of Appeals emergency stay through the Court of Appeals’ lottery system.
This Special Bulletin is published for the benefit of the clients of Liebert Cassidy Whitmore. The information in this Special Bulletin should not be acted upon without professional advice.