On June 3, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted regulatory amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations)[1], which were to take effect on June 15.
However, on June 7, OSHSB noticed a special meeting for June 9 to consider new information from the California Department of Public Health (CDPH) on pending guidance regarding COVID-19 prevention, which may result in the adoption of new amendments to the Cal/OSHA COVID-19 Regulations.[2] While the OSHSB has not posted the proposed regulations that the Board may consider at the June 9 meeting, it is likely that, given the turnaround between the June 3 and 9 meetings, that the changes will be limited in scope. Based on the proceedings at the June 3 meeting, it is likely that the forthcoming amendments will clarify certain aspects of the recently adopted regulations about which Board members expressed concern or confusion, including those related to obligations concerning the use of face coverings and respirators, rather than make substantive changes to other subjects in the Cal/OSHA COVID-19 Regulations.
Regardless of whether the changes are technical or substantive, Liebert Cassidy Whitmore attorneys will be monitoring the OSHSB meeting and will be making further revisions to the forthcoming updated model COVID-19 Prevention Program (CPP)[3] accordingly. When the updated model CPP is available for purchase, Liebert Cassidy Whitmore will send an email to with details about how employers may purchase the CPP.
[1] 8 C.C.R. §§ 3205-3205.4.
[2] See Department of Industrial Relations (DIR) agenda for the June 9, 2021 special meeting, which is available at the following web address: https://www.dir.ca.gov/oshsb/documents/agendaJun092021.pdf
[3] Pursuant to Title 8 Section 3205 of the California Code of Regulations, every employer must adopt and implement a COVID-19 Prevention Program (CPP). (8 C.C.R. § 3205.) Liebert Cassidy Whitmore updated its model CPP and the commentary provided therein to assist employers in complying with the updated Cal/OSHA COVID-19 Regulations. Employers may purchase the updated model CPP and executive summary from Liebert Cassidy Whitmore shortly. Details about purchasing will be sent in a separate email.
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.
