Revised worksite mask rules - Cal/OSHA revised Emergency Temporary Standards update

California regulators have approved revised workplace pandemic rules that end most mask requirements for most employees who are fully vaccinated against the coronavirus.

Gov. Gavin Newsom immediately issued an executive order waiving the usual 10-day legal review. The new rules will take effect as soon as they are filed with the secretary of state.

Among other updates, Cal/OSHA's revisions align with the latest guidance from the California Department of Public Health - based on guidelines issued by the Centers for Disease Control and Prevention - on face coverings and eliminate physical distancing requirements, except for certain employees during outbreaks.

Important changes include:

• Fully vaccinated employees without symptoms do not need to be tested or quarantined after close contacts with a COVID-19-positive person.
• No face covering requirements outdoors (except during outbreaks), regardless of vaccination status, though workers should be trained on CDPH recommendations for outdoor use of face coverings.
• Employers may allow fully vaccinated employees not to wear face coverings indoors, but must document their vaccination status. There are some settings where CDPH requires face coverings regardless of vaccination status. In outbreaks, all employees must wear face coverings indoors and outdoors when six-feet physical distancing cannot be maintained, regardless of vaccination status.
• Employers may not retaliate against employees from wearing face coverings.
• No physical distancing or barrier requirements regardless of employee vaccination status with the following exceptions:
  
  • Employers must evaluate whether it is necessary to implement physical distancing and barriers during an outbreak (3 or more cases in an exposed group of employees).
  • Employers must implement physical distancing and barriers during a major outbreak (20 or more cases in an exposed group of employees).
• Employers must provide unvaccinated employees with approved respirators, upon request, for voluntary use when working indoors or in a vehicle with others.

Businesses seeking assistance to provide N95 respirators for unvaccinated employees as required by the revised Emergency Temporary Standards can find distribution locations for state-provided N95 respirators here.

More information on the revised COVID-19 Prevention Emergency Temporary Standards, including FAQs and Fact Sheets can be found here.