The non-emergency COVID regulation adopted by the Cal/OSHA Standards Board at its meeting on December 15, 2022, will not become effective until approved by the Office of Administrative Law (OAL), which is expected to occur in January 2023. To address the potential gap between the previous expiration date of December 31, 2022, and completion of the OAL approval process, Cal/OSHA has provided that “the COVID-19 Emergency Temporary Standards (ETS) remain in effect until the new regulations become effective.”  The non-emergency regulation was submitted to OAL with a certificate of compliance, which permits the ETS to remain in effect pending OAL review, for a maximum of 30 working days after submission.  Accordingly, despite the previous expiration date of the ETS on December 31, 2022, the ETS remains in effect during the “gap” between that date and the date upon the OAL approval is complete – a process that may occur at any time.

Until the OAL approval process is complete, employers with California operations should be aware that the changes reflected in the non-emergency regulation are not yet in effect, and that the ETS requirements may continue to apply as a result. 

Littler will continue to monitor this development and provide an update when the OAL process is confirmed to be completed.