On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation to replace the Emergency Temporary Standards (ETS), which were set to end on December 31, 2022.

On February 3, 2023, the Office of Administrative Law (OAL) approved the new COVID-19 prevention regulations, which means that these new regulations are in effect as of February 3, 2023. This approval had been expected for weeks and has finally been confirmed.

Although the non-emergency regulation shares many similarities with the ETS, there are notable differences. California employers may want to review the new regulations to ensure they are in compliance.

Ogletree Deakins will continue to report on developments with respect to the California COVID-19 Prevention Non-Emergency Regulation and will post updates on the California and Workplace Safety and Health blogs and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.