On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address the danger of COVID-19 infection in the workplace. Affected employers will be required to comply with most provisions of the ETS by Dec. 5, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees (firm- or company-wide count). State plans will have 30 days to adopt the federal ETS or implement their own vaccination standard.
ETS Requirements
The ETS requires employers to:
- Develop, implement and enforce a mandatory COVID-19 vaccination policy; or
- Create a policy allowing employees to choose to get a vaccination or wear a face covering in the workplace and have weekly COVID-19 testing done.
Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination and keep a roster of each employee’s vaccinations status. Employees who are not fully vaccinated must be tested weekly or within seven days before returning to work. Employers are also required to allow reasonable time—including up to four hours of paid time—to receive a primary vaccination dose.
This compliance bulletin provides OSHA’s answers to frequently asked questions regarding this ETS.
ACTION STEPS
Employers should carefully review the vaccination and testing ETS, implement and start enforcing the requirements. Employers should also continue to monitor OSHA communications so they can be updated on any changes or amendments to the ETS.
Dec. 5, 2021
Compliance date for most ETS requirements.
Jan. 4, 2022
Compliance date for ETS the testing requirements
ETS Exemptions:
The requirements of the ETS do not apply to:
- Employees who do not work with other individuals present;
- Employees when they are working from home;
- Employees who work exclusively outdoors;
- Those covered under the Safer Federal Workforce Task Force;
- Those covered by the health care ETS;
- Employers that have fewer than 100 employees; and
- Public employers in states without State plans.
To receive a full FAQ and summary on the Federal ETS, please fill out the contact form at Inspire Workforce.
