The Division of Occupational Safety and Health is considering changes to the ETS.  This includes, among other things, definitional changes and exemptions.  

Most notably, there are proposed exemptions for a 100%, fully vaccinated workforce. The proposed changes include substituting the term "exposed workplace" with "exposed group" and changing the definition of "worksite."   A proposed exception to "COVID-19 exposure" includes when specificed PPP is worn consistent with CCR 5144.  There is a proposed definitional change to a "COVID-19 case."

The proposed rules will likely minimally impact most employers.  The definitional changes are consistent with updated guidance interpreting the ETS and/or align more with definitions in AB 685.  The exception to the COVID-19 exposure rule will likely primarily impact higher risk industries and serve to minimize workplace exclusions.  Employers may face legal and logistical challenges in acheiving a 100% fully vaccinated workforce.  Employers may want to consider vaccination policies in light of these proposed changes.