Cal/Osha ETS Finally Provides Some Clarity on Its Rules

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On January 12, 2020, Cal/OSHA released an updated Frequently Asked Questions (“FAQ”) that provides much-needed clarity to Cal/OSHA’s “new” ETS COVID-19 guidelines. The FAQs are linked here.

Some of the FAQs highlights include as follows:

  1. Cal/OSHA makes it clear that California’s Department of Public Health’s (“CDPH”) shortened return-to-work periods govern and amend Cal/OSHA’s published return-to-work criteria. This is potentially welcome news to employers as CDPH’s rules potentially allow employees to return to work more quickly than specified in the Cal/OSHA’s rules.
  2. The FAQs confirm that an employer may require an employee who is excluded from work due to COVID-19 to use their available paid sick leave in some instances.
  3. The FAQs confirm that Cal/OSHA’s rules governing exclusion pay are separate and independent from California’s former supplemental paid sick leave laws for COVID-19, which lapsed last September. The FAQs confirm that exclusion pay under Cal/OHSA’s is not subject to any hourly or monetary cap but must continue for as long as an employee is excluded from work due to a work-related COVID-19 exposure. (Employees who receive disability payments or workers’ compensation during their exclusion period, however, need not receive exclusion pay).

We recommend that you read and familiarize yourself with the FAQs.

For more information, please contact us at info@mnklawyers.com.

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.

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