Earlier on November 4, 2021, Federal OSHA released their Emergency Temporary Standard (ETS) on COVID vaccination and testing for employers with 100+ employees companywide.
It’s important to note that several states, including California, Oregon, and Washington, have their own state OSHA plans which allow them to either adopt the Federal OSHA ETS as is or create their own stricter standard. In these states, the Federal OSHA ETS will not immediately take effect until the state agency decides how it will proceed. These states have up to 30 days to make their decision. Employers in states with their own OSHA plan should monitor for updates from these agencies in the coming weeks.
OSHA has created a helpful summary of the ETS requirements as well as an FAQ site for reference.
Below is a summary of some of the regulations from OSHA’s website.
Which employers are covered by the ETS?
- Private employers with 100 or more employees companywide
- If an employer employs at least 100 workers at any time while the ETS is in effect, the requirements of the ETS will apply regardless of any fluctuations in the number of employees
Which workplaces are not covered by the ETS?
- Workplaces covered under the Vaccination Guidance for Federal Contractors and Subcontractors
- Settings where any employee provides healthcare services or healthcare support services when subject to the requirements of the Healthcare ETS
Once the ETS is published in the Federal Register, which is expected on November 5, employers must ensure compliance in the workplace by the following dates:
- 30 days after publication (December 5): All requirements other than testing for employees who have not completed their entire vaccination dose(s)
- 60 days after publication (January 4): Testing for employees who have not received all doses required for vaccination
If an employer is covered by the ETS, does that mean all of its employees must follow the provisions of this ETS?
No. The requirements of the ETS do not apply to:
- Employees who do not report to a workplace where other individuals are present
- Employees while working from home
- Employees who work exclusively outdoors
What does the ETS require employers to do?
- Develop, implement, and enforce a mandatory COVID-19 vaccination policy, ORestablish, implement, and enforce a policy allowing employees to elect either to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering at the workplace. Template policies are available on OSHA’s site.
- Determine the vaccination status of each employee, obtain acceptable proof of vaccination from vaccinated employees, maintain records of each employee’s vaccination status including either a physical or digital copy of the vaccination documentation, and maintain a roster of each employee’s vaccination status.
- Support vaccination by providing employees reasonable time off, including up to four hours of paid time, to receive each primary vaccination dose, and reasonable time off and paid sick leave to recover from any side effects experienced following each primary vaccination dose.
- Follow certain procedures when an employee notifies the employer that they have tested positive for COVID.
- The ETS does not require employers to pay for testing, however, employers may be otherwise required to do so by state or local laws or union contracts.
Covered employers should review all of OSHA’s resources and begin working on their policies and procedures for compliance.