OSHA Issues COVID-19 Emergency Temporary Standard for Vaccination and Testing

November 5th, 2021 by Ann Rippe

New Material
Summary: OSHA is issuing a COVID-19 Emergency Temporary Standard (ETS) for vaccination and testing which applies to all employers with a total of 100 or more employees. The ETS does not apply to employees while working from home; employees who do not report to a workplace where coworkers or customers are present; employees who work exclusively outdoors; workplaces covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors; or settings where employees provide healthcare services or healthcare support services which are subject to the healthcare COVID-19 ETS (29 CFR 1910.502). The vaccination and testing ETS requires employers to establish, implement, and enforce either a written mandatory vaccination policy, or a written policy allowing employees to choose either to be fully vaccinated against COVID-19, or provide proof of weekly COVID-19 testing and wear a face covering. The ETS also requires that employers determine and document employee vaccination status; provide paid time off for vaccination and recovery from side effects; remove COVID-19-positive employees from the workplace; report COVID-19 fatalities and hospitalizations to OSHA; and maintain records of vaccinations and testing. Employers must comply with the testing requirements for employees who are not fully vaccinated by January 4, 2022; however, compliance with all other elements of the ETS is required by December 6, 2021.
[Full Text - 86 FR 61402]

Citations: 29 CFR 1910.501

Date Effective: 11/5/2021
Type of Action: Interim Final Rule

Ann Rippe

Manager of Regulatory Services