Cal/OSHA Readopts Revisions to ETS
On June 17, 2021, the California Occupational Safety and Health Standards Board readopts revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS) and by executive order signed by the Governor, these revisions are effective immediately. Some of the revisions include:
- Fully vaccinated employees do not need to wear face coverings. Employers must document vaccination status.
- Unvaccinated employees are to wear face coverings indoors or in vehicles.
- Respirators (N95s) must be provided for voluntary use to unvaccinated employees who request them, at no cost and without fear of retaliation.
- Outdoor workers are not required to wear face coverings regardless of vaccination status, except during outbreaks.
- Physical distancing requirements are removed except where employer determines there is a hazard and during major outbreaks.
- Employers must offer COVID-19 testing at no cost and during paid time
- Employers must evaluate ventilation systems to maximize outdoor air, increase filtration efficiency and evaluate the use of additional air cleaning systems.
- Employer-provided housing and transportation are exempt from the regulations where all employees are fully vaccinated.
There are requirements that remain in place from the November 2020 ETS, those are:
- Written COVID-19 Prevention Plan;
- Effective training with instructions on the employer’s prevention plan and employee rights under the ETS;
- Notification of outbreaks to local public health departments;
- Notification to employees of exposure and close contacts;
- Procedures for responding to COVID-19 cases and outbreaks;
- Offer testing after potential exposures;
- Implement exclusion pay requirements; and
- Employer-provided housing and transportation prevention requirements.
In regards to vaccination status, the Equal Employment Opportunity Commission (EEOC) laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers. From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
In addition, the employer shall develop and implement a process for screening employees and responding to employees with COVID-19 symptoms. The employer may ask employees to evaluate their own symptoms before reporting to work. If the employer conducts screening indoors at the workplace, the employer shall ensure that face coverings are used during screening by both screeners and employees who are not fully vaccinated and, if temperatures are measured, that non-contact thermometers are used.
To assist our members, we will be providing updates to the COVID-19 Prevention Plans.
Urgent Advisory – Be on the Lookout for Trespassers During Pesticide Applications
This is an urgent advisory to be on the lookout for people trespassing on to farms in the towns of Raisin City, Cantua Creek and Caruthers during or immediately after pesticide applications. Participants of a study by the Central California Environmental Justice Network are being paid to carry backpacks with air monitoring equipment in these locations from May through August. We are concerned these activists may attempt to enter a field or orchard during a pesticide application or immediately thereafter in order to make sure they get a “detect” on their air monitoring equipment. This effort is led by the Central California Environmental Justice Network. For years, the California Department of Pesticide Regulation (CDPR) has been conducting community air monitoring, and there been very few detections of pesticides, and none that exceeded any risk levels of actual concern. Frustrated with the lack of evidence, the environmental justice community is resorting to using unproven and unapproved methods and equipment to attempt to demonstrate pesticides are impacting residents in these communities. Considering these activists are getting paid to prove detections, we are concerned with just how far these activists will go to attempt to prove pesticide exposures. Should you see anyone in or around the edge of your field or orchard, we urge you to immediately contact the County Sherriff’s office and the county ag commissioner. We have already warned the Sherriff and the Ag Commissioner of this potential threat.
Association Weighs in on Proposition 65 and 1,3-D
This week, the Western Agricultural Processors Association (WAPA) submitted written comments on the proposed establishment of a safe harbor level for 1,3-Dichloropropene. (1,3-D) to the Office of Environmental Health Hazard Assessment (OEHHA). The Association’s comments focused on the science that shows 1,3-D is not a carcinogen and does not even warrant listing, let alone a safe harbor level. WAPA is concerned with additional warning requirements and how that might unfairly and inappropriately impact tree nuts. WAPA believes the science is clear and highlighted numerous areas where the science indicates the listing and subsequent safe harbor level are unnecessary and unjustified.
Association Submits Opposition to Proposed Pesticide Mill Tax Increase
In an effort to draw attention to the costly impacts to the tree nut industry, the Association submitted comments to CalEPA Secretary Jared Blumenfeld this week, highlighting the inequity of the proposed tiered mill tax increase. This increase will more than double the mill tax for fumigants from 21 mills to 45 mills and the money will be used to hire 51 new positions. This is an unbelievable time to levy a tax increase on agriculture, especially one as unjustified and unwarranted as this. DPR and CalEPA claim this new tiered approach is to encourage farmers to move away from the harsher chemicals to softer alternatives. The problem is two-fold for the tree nut industry. First, there are no known alternatives for fumigants. Second, many of the countries mandate that tree nuts be fumigated as part of the trade agreement, with no exceptions. The Association is pressing the legislature, the Governor and his administration on this unbelievable tax increase.
Cal/OSHA Proposes Significant Changes to COVID-19 ETS Regulation
Cal/OSHA submitted significant proposed changes on May 7, 2021 on the COVID-19 Prevention Emergency Temporary Standards (ETS) to the Occupational Safety and Health Standards Board, which the Board will consider at the May 20th meeting. Changes in the proposed revisions include:
- Exempt vaccinated employees to the exclusion provisions for COVID cases and those who had close contact with them, as long as the vaccinated person did not have symptoms.
- Clarifies face coverings, surgical mask, a medical procedure mask, or a voluntary worn respirator
- Excludes: balaclavas, single layer fabric, bandanas, scarfs, ski masks, turtlenecks or collars.
- Provisions to the return-to-work section allowing employees who have close contact to return after 10 days without symptoms
- In addition, also provides for return after 7 days during critical staffing shortages if they receive a negative PCR test after 5 days exclusion
- Definition of “exposed group” where a COVID case was present, covers all persons at a work location, working area or a common area at work
- Also applies to a “distinct group” of employees that don’t overlap with other crews or shifts.
- Exemption of telework employees, which the location is not under the control of the employer
- “Worksite” is now defined as a building, facility, ag field, or other location where a COVID case was present during the high-risk exposure period
- Employer provided housing and transportation, exemptions for fully vaccinated residents and those using transportation. Housing section has updated the requirement for bed spacing from 6 feet apart to 8 feet apart.
Lastly, the revisions to the personal protective equipment to now include employers must evaluate, by July 31st, the need for N95 respirators for voluntary use. Employers will be required to provide respirators (N95s) – for “voluntary use” for all employees working indoors who are not fully vaccinated. In addition, encourage the use of those respirators for employees in a vehicle with at least one other person for at least 15 minutes.
Unfortunately, the ETS is already lagging behind federal and state guidance pertaining to COVID-19. WAPA continues to monitor.