Cal/OSHA promptly published a "Frequently Asked Questions" document ("FAQs"), a one-page summary of the ETS, and a Model Prevention Plan.  These documents shed additional light on the ETS and how it might be enforced.

Below is an overview of the key takeaways from the new ETS and subsequent Cal/OSHA publications.

Basic Elements of the COVID-19 Prevention Program

The central feature of the ETS is the requirement that all employers implement a written COVID-19 prevention plan.  At a high level, the prevention plan must include the following:

• Communication to employees about the employer's COVID-19 prevention procedures;
• Screening of employees for COVID-19, although employees may be asked to evaluate their own symptoms before coming to work;
• Identification, evaluation, and correction of COVID-19 hazards;
• Physical distancing of at least six feet unless it is not possible;
• Use of face coverings, with only limited exceptions;
• Use of engineering controls, administrative controls, and personal protective equipment as required to reduce transmission risk;
• Procedures to investigate and respond to COVID-19 cases in the workplace, including to verify cases and receive information on test results and symptom onset;
• COVID-19 training to employees;
• Testing of employees who are exposed to a COVID-19 case, and in the case of multiple infections or a major outbreak, implementation of regular workplace testing for employees in the exposed work areas;
• Exclusion of COVID-19 cases and exposed employees from the workplace until they are no longer an infection risk!manbext网页版and
• Maintenance of records of COVID-19 cases and reporting of serious illnesses and multiple cases to Cal-OSHA and local health departments.

Closer Look: Training Requirements

The ETS requires employers to provide training and information on the following topics:

• The employer's COVID-19 policies and procedures;
• Information regarding COVID-19-related benefits;
• The fact that COVID-19 is an infectious disease that can be spread through the air when an infectious person talks, vocalizes, sneezes, coughs, or exhales, that COVID-19 may be spread through surface contact, and that an infected person may have no symptoms;
• Methods of physical distancing at least six feet apart and the importance of face coverings;
• The fact that particles containing the virus can travel more than six feet, especially indoors, so other controls, including face covers and hand hygiene, must also be used;
• The importance of frequent hand washing with soap and water for at least 20 seconds and the proper use of hand sanitizer;
• Proper use of face coverings and the fact that face coverings are not respiratory protective equipment!and
• COVID-19 symptoms, and the importance of obtaining a COVID-19 test and not coming to work if the employee has symptoms.

Closer Look: Investigation of COVID-19 Cases and Notification of Exposure

The ETS contains strict requirements for investigating COVID-19 cases in the workplace.  Employers must determine the day and time the COVID-19 positive individual was last present and, to the extent possible, the date of the positive diagnosis or appearance of symptoms.  Employers must determine which employees may have had a COVID-19 exposure by evaluating the activities of the COVID-19 case and all locations in the workplace the individual visited during the "high-risk exposure period."  The ETS defines the "high-risk exposure period" as either (1) from two days before they first develop symptoms until 10 days after the symptoms have first appeared, and 24 hours have passed with no fever, or (2) from two days before until ten days after the specimen for the individual's first positive test for COVID-19 was collected.

Within one business day, the employer must notify all employees who may have had COVID-19 exposure (and any authorized representatives, such as their union), as well as any independent contractors or other employers present at the workplace during the high-risk exposure period.manbext网页版Importantly, the notice must not reveal the identity of the employee with COVID-19.  The FAQs clarify that notification is required only to employees who were potentially exposed by being within 6 feet of a COVID-19 case for at least 15 minutes over a 24-hour period during the high-risk exposure period.

Employers also must offer the potentially exposed employees free testing during working hours, and the FAQs confirm that the time an employee spends being tested (including during outbreaks as described below) is compensable work time.  Employers must also provide these employees with information on benefits to which the employee may be entitled (such as workers' compensation, paid sick leave, leave under the federal Families First Coronavirus Response Act, company leave benefits, or benefits under a collective bargaining agreement).

Closer Look: Exclusion of COVID-19 Cases and Return to Work

The ETS requires employers to exclude employees with COVID-19 until they meet specified return to work criteria.  Furthermore, all exposed employees must be excluded for at least 14 days after the last known exposure to a COVID-19 case.  However, if permitted by a local health department, an employee may be temporarily reassigned to work where they do not have contact with other persons until they meet the return to work criteria.  A negative test result cannot be required as a condition of returning to work.

The ETS also contains an exemption from the exclusion requirements for circumstances in which "removal of an employee would create undue risk to a community's health and safety," provided this does not violate a local or state health order for isolation or quarantine.The employer must request such an exemption from Cal/OSHA, and if granted, the employer must implement effective additional controls, including isolation of the employee or use of respiratory protection.

The ETS specifies that COVID-19 cases with symptoms may not return to work until: (1) at least 24 hours have passed since a fever of 100.4 or higher has resolved without use of fever-reducing medications, (2) symptoms have improved, and (3) at least 10 days have passed since symptoms first appeared.  COVID-19 cases who tested positive but never developed symptoms may not return until a minimum of 10 days have passed since the specimen collection date of their first positive COVID-19 test.

For employees excluded from work but who are otherwise able and available to work, the employer is required to continue and maintain the employee's earnings, seniority, and all other rights and benefits.This does not apply, however, to any period of time when the employee is unable to work for reasons other than protecting others at the workplace from possible COVID-19 transmission, or when the employer can demonstrate that the exposure was not work related.

Multiple COVID-19 Infections and Outbreaks

If a local health department identifies a place of employment as the location of a COVID-19 outbreak, or when there are three or more cases in an "exposed workplace" within a 14-day period, the ETS requires employers to provide free COVID-19 testing during working hours to all employees.  At a minimum, all employees must receive an initial test and a follow-up test one week later.  The employer must also provide continuous testing at least once per week until there are no new cases in a 14-day period.  The FAQs explain that the testing requirement for outbreaks triggered by three or more cases is not based on three or more cases in the "entire building," but rather in the "exposed workplace."  The FAQs further clarify that areas where masked workers momentarily pass through the same space without interacting or congregating are not part of the "exposed workplace," and that the "exposed workplace" only includes "the areas of the building where the COVID-19 cases were present during the ‘high-risk exposure period.'"

In the event of a COVID-19 outbreak, the employer is required to notify the local health department immediately, but no later than 48 hours after the employer knows, or should have known, of three or more COVID-19 cases within a 14-day period.  Additionally, the employer must immediately investigate and determine the possible workplace-related factors that contributed to the outbreak.

Major COVID-19 Outbreaks

The ETS defines a "major" COVID-19 outbreak as 20 or more COVID-19 cases in an exposed workplace over a 14-day period.  In the event of a major outbreak, employers must provide testing twice per week, exclude all COVID-19 cases, investigate workplace illnesses, and take steps to eliminate any COVID-19 hazards.  Employers are also required to report major outbreaks to the local health department within 48 hours.  Employers must comply with the major outbreak requirements under the ETS standards until no new COVID-19 cases are detected in the workplace for a 14-day period.

COVID-19 Prevention in Employer-Provided Housing and Transportation

The ETS requires that employer-provided housing allow for six feet of physical distancing, including appropriately spacing beds to allow for six foot spacing in all directions.  Employers also must ensure that housing units, kitchens, bathrooms, and common areas are disinfected and cleaned at least once per day, maximize outdoor airflow and increase air filtration efficiency, provide face coverings and COVID-19 testing, and isolate exposed residents.manbext网页版These standards apply to all housing, including hotels and motels, but do not apply to housing provided for emergency response purposes.

The ETS also sets out requirements for employer-provided transportation.  Employers must screen employees prior to boarding, separate employees by at least three feet in all directions in the vehicle, provide face masks and hand sanitizer and enforce their usage, and clean the vehicle's high-contact surfaces before each trip.  Additionally, vehicle windows must be kept open, with limited exceptions for hot and cold weather, and the employer must ensure that the ventilation system maximizes outdoor air.  The employer-provided transportation standards do not apply to transportation necessary for emergency response, or when the driver and all passengers are from the same household outside of work.

Looking Ahead

Because the ETS standards are now in effect, employers will need to immediately review and update their COVID-19 protocols to ensure compliance!万博体育app手机登录Cal/OSHA可能向Cal/OSHA投诉和/或对雇主实施ETS规定措施的挑战时,Cal/OSHA可能在未来数周发布更多指导帮助雇主更好地了解并遵守其培训、通知、雇员排除、测试和其他义务 //www.ludikid.com/2015/01/california-finalizes-new-fracking-regulations/ 马克D赫曼 Thu, 8-2015 19:51:54+00 油气策略 加利福尼亚州 裂变 天然气 石油生产 //www.ludikid.com/?p=1638 p对齐='Center'###p>2014年12月30日加利福尼亚行政法局批准该州保护局油气和地热资源司发布永久指令裁剪Continue Reading…

On December 30, 2014, the California Office of Administrative Law approved permanent regulations issued by that state's Department of Conservation, Division of Oil, Gas and Geothermal Resources ("Division") governing fracking.  The regulations follow the Division's final interim regulations (effective January 1, 2014), which we discussed here, and further implement California's fracking statute (SB 4), which we summarized here.

The regulations are supported by a statement of reasons.  According to that statement, the new regulations are intended to supplement the Division's current oil and gas regulatory framework with regulations specific to well stimulation ("a treatment of a well designed to enhance oil and gas production or recovery by increasing the permeability of the formation") to meet the mandates of SB 4.规则设置要求确保水井、水壳完整性,油气构造在水井处理期间和之后的地质和水文隔离性。规则还要求充分披露水井刺激流体的成分和配置,包括液压折流体、酸井刺激流体和回流流流体。

Ami水处理许可申请需要水管理计划,包括水处理估计量、处理预期水源和处理回流流流水处理法。

新规则于2015年7月1日生效。

Significant developments have occurred recently in wholesale electricity markets in the lower Midwest and Western regions of the U.S.

Earlier this week, the Federal Energy Regulatory Commission approved a substantial expansion of the Southwest Power Pool (SPP).  SPP is a FERC-regulated Regional Transmission Organization that administers the grid across a nine-state footprint in the south central part of the U.S and serves more than 15 million customers.  As the grid operator, SPP assures that electricity supply and demand is balanced at all times by securing resource commitments in energy "imbalance" auction markets.

Joining SPP are the Upper Great Plains Region of the U.S.西区电力局拥有高压传输设施和市场联邦生成水电区。

Finally, a wholesale imbalance market may take shape in the Pacific Northwest as well.  The Northwest Power Pool, a voluntary organization comprised of major generating utilities serving the Northwestern U.S., British Columbia and Alberta, issued an RFP for a market operator for an energy imbalance market.  According to the RFP, the selected market operator will develop and implement a market targeted to start October 1, 2017 "that will fulfill the goals of increased efficiency in the utilization of energy resources and enhanced reliability for the region."  The RFP notes that utilities in the region need additional tools to balance the system due to the growth of variable energy resources and are managing load and resource balance without systematically sharing the diversity between their systems.  In addition, the region's constrained transmission system needs new tools for congestion management.

On March 19, 2014, the California Energy Commission, the state's primary energy policy and planning agency, announced that it was initiating a regulatory process leading to the regulation of 15 categories of consumer appliances as to usage of electricity, natural gas, and water.  This comes in part in response to the three-year drought period in California, which has reduced hydroelectric production of electricity.

The Commission provided the following schedule with expected release dates of draft regulations for several categories of products:

The Commission noted that interested stakeholders will be provided with a public comment period to respond to the draft proposals.  In addition, a public workshop will be provided as a forum to discuss the proposals in person.

The Appliance Efficiency Regulations were last updated in 2012, and at that time included standards for 23 categories of federally regulated and non-federally regulated appliances.  The standards apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles or other mobile equipment.

California's Division of Oil, Gas, and Geothermal Resources just issued final interim regulations (effective January 1, 2014) to implement California's new fracking statute (SB 4), with permanent rules to follow by January 2015.  For an overview of the fracking statute, see our September E-Alert.

The Division's interim regulations are supported by a narrative description that provides the Division's view of fracking, including the differences between hydraulic fracking, acid fracking and acid matrix stimulation, a brief summary of pre SB 4 requirements and summarizes the SB 4 interim operator requirements.  The interim regulations distinguish well stimulation (which is subject to the regulations) from mere underground injection.  These regulations overlay an existing regulatory framework in California on oil and gas wells that is not specific to fracking and which contains requirements not included in the interim regulations.

The interim requirements include:

• A definition of well stimulation ("treatment of a well designed to enhance oil and gas production or recovery by increasing the permeability of the formation") and description of it as a short term and non-continual process for the purposes of opening and stipulating channels for the flow of hydrocarbons.  The interim regulations describe actions as not well stimulation, including routine well cleanout work and underground injection projects.
• No requirement that the operator obtain Division approval, but the operator cannot undertake the well stimulation unless it has submitted a written Treatment Notice form 10 days in advance, which the Division must certify as complete.  The operator must also give notice to the Division of well stimulation at least 72 hours in advance.
• Confirmation of the obligation to retain a third party (i) to identify and give notice to nearby property owners and tenants (within 1500 foot radius of the wellhead or within 500 feet of the horizontal projection of the subsurface parts of the well) and (ii) to sample groundwater if requested by the neighboring property owner.  In this regard, nearby property owners are entitled to demand water quality testing.
• Disclosure within 60 days following the end of well stimulation treatment of information regarding the composition and disposition of well stimulation fluids.
• Operator requirements including spill contingency plans to address the handling of well stimulation fluid and additives.

SB 4 and the interim regulations also addresses the manner in which trade secrets are to be handled.  Information regarding the chemical composition of well stimulation fluids must be submitted to the Division, although it can be marked as a trade secret.  There are provisions as to what will happen if the Division does not agree or there is third party demand for the information, including ensuring that a supplier can move for a preliminary injunction before the information is released.