Dear Superintendents and School Leaders,
The Occupational Safety and Health Standards Board has released a
markup copy of the draft emergency temporary standards (ETS) it will consider on April 21, 2022. Following approval by the board, the new ETS must then be approved by the Office of Administrative Law before they can be entered into regulation, possibly as early May 3, 2022. The proposed update includes the following:
Alignment with CDPH: The misalignment between the ETS and evolving guidance from the California Department of Public Health (CDPH) on masking, quarantine, and isolation requirements has been corrected by executive order. The proposed version includes language to stay in alignment with CDPH if it makes changes in the future.
Face covers: Drops the requirement that employers provide face covers to unvaccinated employees and ensure that they are worn indoors and in vehicles
Vaccination Status: Drops the definition for fully vaccinated employees and removes all differentiated guidance on masks, respirators, and testing following close contact or exposures
Testing:
- Allows self-administered, self-read tests with other means of verification such as a time-stamped photo of the results
- Broadens the requirement that the employers make testing available to employees following a potential exposure from those who are not fully vaccinated to all employees
- Requires that employees close contacts test on Days 3, 4, or 5, or be excluded from work
Cleaning and disinfection: Removes all requirements related to cleaning and disinfection
Voluntary use of respirators:
- Expands the requirement that employers make respirators available to all employees who wish to use them, not just those who are not fully vaccinated
- Expands to all employees the requirement that employers notify employees in an exposed group of their right to request a respirator for voluntary use
Physical distancing:
- Adds the requirement that when physical distancing is not possible at 6 feet, “as much distance between persons as feasible” must be used
- Drops the recommendation that employees who are not fully vaccinated maintain 6 feet of distance outdoors when not masked
- Drops the requirement that employees who are not fully vaccinated and using a mask alternative such as a face shield maintain 6 feet of distance indoors
Major outbreaks:
- Requires that all employees in an exposed group, including those who are fully vaccinated, test twice a week or be excluded from work
- Drops the requirement that cleanable partitions be installed where physical distancing is not possible
We will update you as this process unfolds and work with the county public health team to update the decision trees for employees as soon as the new ETS are released.
Thank you for all that you do. Please reach out if you have any questions.
Sincerely,
Paul
Dr. Paul Gothold
San Diego County Superintendent of Schools
phone: 858-295-6641
