California’s workplace regulators reversed themselves for the second time in a week Wednesday, withdrawing a controversial pending mask regulation while they consider a rule that more closely aligns with Gov. Gavin Newsom’s promise that the state will fully reopen from the pandemic on Tuesday.
The California Occupational Safety and Health Standards Board’s revised rule, adopted last week after it was initially rejected, would have allowed workers to forego masks only if every employee in a room is fully vaccinated against the coronavirus. That contrasts with the state’s broader plan to do away with virtually all masking and social distancing requirements for vaccinated people in concert with the latest recommendations from the U.S. Centers for Disease Control and Prevention.
Withdrawing that worksite rule before it goes into effect allows the board to consider changes at its June 17 meeting and potentially have them go into effect by month’s end.
The goal of the unanimous vote, said board chairman David Thomas, is to change the workplace regulation “so that it matches up with the CDC and the California Department of Public Health, so that we’re all on the same page. That’s what this is about, so we’re not out of step with everybody else.”
The safety board’s staff was not specific on what changes it will recommend next week, other than it will try to more closely conform the workplace rules with public health guidelines.
But Eric Berg, deputy chief of health for California’s Division of Occupational Safety and Health, known as Cal/OSHA, said the public health guidelines generally allow anyone who is vaccinated to skip wearing a mask indoors. Under those rules, he said, “a vaccinated person would not have to wear a mask at work.”
The reversal came after State Health Officer Dr. Tomás Aragón reiterated to board members at a hastily scheduled special meeting that the state next week will end most masking rules for people who are vaccinated, while continuing to require face coverings for unvaccinated people in indoor public settings and businesses.
Exceptions where everyone must remain masked include public transit, indoor school classes, in health care and correctional facilities, and in places like homeless shelters and cooling centers, Aragón said. Individual businesses are also free to require everyone to remain masked under the general rules, he said.
Helen Cleary, director of the Phylmar Regulatory Roundtable, a coalition of large businesses with major California operations, was among numerous business representatives urging the board to conform its rule with public health requirements.
“Employers cannot plan with this high level of uncertainty,” she said. “We are disappointed and frustrated with the confusion, the process, the substance and the lack of leadership.”
The workplace board’s more restrictive approach put Newsom in an awkward position as he battles a pending recall election, though he was reluctant to override a board that he appoints.
“The public doesn’t draw a distinction between this board and the rest of the Newsom administration,” Michael Miiller, California Association of Winegrape Growers government relations director, told board members before the vote. “What they hear is the Newsom administration say that wearing masks at work may be here to stay.”
Pressure on the board built when a dozen business groups including the California Retailers Association and organizations representing manufacturers, farmers, tourism interests and other industries sent a letter to Newsom asking him to immediately issue an emergency order rescinding the board’s regulations.
Requiring masks unless all are vaccinated in a workplace would “create yet another barrier to rehiring and reopening” at a time when “we need to be providing incentives to bring people back,” they said. Moreover, they said requiring masks for…