PROP 23 ADVISORS
GOVERNANCE RISK AND COMPLIANCE(grc) Consulting
CAL/OSHA RELEASES A NEW SET OF FAQs ON COMPLIANCE WITH THE ETS
On January 8, the Department of Industrial Relations (DIR) revised its COVID-19 Emergency Temporary Standards Frequently Asked Questions. Specifically, DIR provided answers to 38 new questions. They also added seven new subheadings, apparently in an effort to make the FAQs more reader-friendly.
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING PUBLISHES SB 973 REPORTING GUIDANCE
Per the California Department of Fair Employment and Housing (DFEH):
“Under California legislation enacted on September 30, 2020 (Senate Bill 973) large employers must report certain pay and other data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021 and annually thereafter. DFEH anticipates rolling out a secure online reporting system in advance of the 2021 filing deadline.”
More information on the DFEH compliance guidance for SB 973 can be found here.
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ISSUES NEW
INFORMATION FOR AB 685 COMPLIANCE
The California Department of Public Health (CDPH) published a new guidance on implementation of AB 685. The guidance, dated December 10, relates to reporting outbreaks to local health departments. CDPH has provided a Template for Employer Reporting of Workplace COVID-19 Outbreaks and a list of useful links, including from Cal/OSHA, to provide more information on these various new requirements.
STANDARDS BOARD COVID-19 PREVENTION EMERGENCY TEMPORARY STANDARD (ETS) NOW IN PLACE
Following approval by the California Office of Administrative Law (OAL) on November 30, emergency regulationsof the Occupational Safety and Health Standards Board (OSHSB) are now in effect.
The rules remain inconsistent with Assembly Bill 685 (Reyes) relating to employer notice and other issues. The regulations may also complicate notice requirements under Senate Bill 1159 (Hill)relating to the presumption of compensability under Labor Code Section 3212.88.
AB 685 became effective January 1, 2021. The DIR has published a an informative page on the requirements of AB 685.
The California Department of Public Health (CDPH) also published FAQs and Definitions to aid in AB 685 compliance. These should be read in conjunction with the new IIPP and reporting requirements in the ETS.
Employers should immediately begin assessing their existing safety programs, in particular their IIPPs, to ensure compliance with the new regulations.