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California OSHSB Votes in Favor of Adopting Nonemergency COVID-19 Regulation

On December 15, 2022, the Occupational Safety and Health Standards Board (OSHSB) voted to adopt the COVID-19 Prevention Non-Emergency Regulations (the Non-Emergency Regulation). Once the Non-Emergency Regulation takes effect, the regulations will remain in effect for two years, except for the recordkeeping subsections, which will apply for three years. As the California Division of Occupational Safety and Health (Cal/OSHA) makes clear, “[t]hese regulations include some of the same requirements found in the COVID-19 Prevention Emergency Temporary Standards (ETS), as well as new provisions aimed at making it easier for employers to provide consistent protections to workers and allow for flexibility if changes are made to guidance in the future from the California Department of Public Health.” Cal/OSHA has already posted a fact sheet regarding the Non-Emergency Regulation.

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