Compliance updates, analysis, plus HR and payroll best practices from HR One
*There is an injunction currently in effect pausing implementation of this new rule. HR One will provide updates as the situation develops.*
The Occupational Safety and Health Administration (OSHA) has issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The ETS establishes requirements to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 in the workplace. The rule covers all employers with a total of 100 or more employees (with a few exceptions described below). Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to elect either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work.
Which employers are covered by the ETS?
Private employers with 100 or more employees firm-or-corporate-wide. In states with OSHA-approved State Plans, state and local-government employers, as well as private employers, with 100 or more employees will be covered by state occupational safety and health requirements.
Which workplaces are not covered by the ETS?
Workplaces covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and subcontractors; and settings where any employee provides healthcare services or healthcare support services when subject to the requirements of the Healthcare ETS (§ 1910.502).
Workplaces of employers who have fewer than 100 employees in total, and public employers in states without State Plans are not covered either.
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:
What does the ETS require employers to do?
Some of my employees are eligible for a booster shot or additional doses of the vaccination. Am I required to collect or maintain information for these additional doses?
Employers are required to determine the vaccination status of each employee, including whether the employee is fully vaccinated. Booster shots and additional doses are not included in the definition of fully vaccinated under the ETS. Therefore, the employer is not required to obtain vaccination-related information beyond what is considered necessary to demonstrate that the employee is fully vaccinated as defined by the ETS.
When does it take effect?
Employers must comply with most provisions by 30 days after the date of publication in the Federal Register. Employers must comply with the testing requirement by 60 days after the date of publication in the Federal Register, which will be January 4, 2022
THIS IS A DEVELOPING SITUATION. THERE HAVE BEEN LEGAL CHALLENGES FILED AGAINST THE MANDATE WHICH WILL NEED TO BE RESOLVED BY THE COURTS.
HR ONE WILL CONTINUE TO MONITOR DEVELOPMENTS AND SHARE UPDATES WITH CLIENTS.
If your organization would like assistance creating a vaccine policy contact your Consultant or email email@example.com