National Construction Practice Safety Alert

On Thursday, June 17, the Cal/OSHA Standards Board voted to pass the revised Emergency Temporary Standard (ETS) that was originally promulgated in late November 2020. Soon after the vote, Governor Gavin Newsom issued an executive order enabling the revisions to take effect without the normal 10-day approval period by the state Office of Administrative Law.

The newly passed language aligns more closely with the latest recommendations from the Center for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH) as well as with June 15 reopening of the California economy. Fully vaccinated individuals will no longer need to wear face coverings while indoors or outdoors. For employees who are not fully vaccinated, employers are required to provide face coverings and ensure they are worn indoors and in vehicles.

Upon request, employers will need to provide respirators for voluntary use to all employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person. Employers are also required to encourage respirator use for workers who are not fully vaccinated.

Employers can also eliminate physical distancing and physical barriers. However, if there is a multiple or major outbreak of COVID, the employer is required to evaluate the need for physical distancing or barriers.

Under the revised ETS, employers are still required to implement a cleaning and disinfecting program for cleaning frequently touched surfaces and objects and to maintain a written COVID-19 Prevention Program. Employers must also review the CDPH’s interim guidance for ventilation, filtration and air quality for indoor environments and COVID-19 prevention training must now include information on the effectiveness of the COVID-19 vaccine against serious illness or death.

If you have any questions on how the revised ETS affects your organization, please contact your EPIC team.

For more of EPIC’s coronavirus coverage, visit 

EPIC National Construction Practice

Our dedicated construction team operates as your business partner and trusted advisor – not just offering transaction-based, reactionary services, but providing forward-thinking consulting and advocacy. Our teams have a focus in the construction space specifically for contractors, real estate, rental equipment operations, as well as energy.