OSHA Emergency Temporary Standard

​Since November 5th, OSHA’s Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing is the latest push to minimize COVID-19 transmission in the workplace. With nearly 750,000 reported deaths in the U.S. from COVID-19, the ETS is requiring employers with 100 or more employees to develop, implement, and enforce policies that either require mandatory vaccinations or require weekly COVID-19 testing for those who do not wish to be vaccinated. This blog will help walk you through the summary of OSHA’s ETS to give both employers and employees a look at what will be required of them in 2022.

Who Does This ETS Impact

​The ETS generally applies to all employers that are under OSHA’s authority and jurisdiction and currently have more than 100 employees firm-wide/corporate-wide. Employers who are exempt from this standard include:

• Employers with less than 100 employees
• Employers covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety
• Healthcare services and support services subject to the Healthcare ETS (29 CFR 1910.502)
• Employee exemptions including:
  • Employees who do not report to a workplace (work from home)
  • Employees who work exclusively outdoors

​For those employers who are not exempt from the ETS, a policy regarding vaccination or testing will be required.

What is Required in the Employer Policy

For employers who decide to enforce a mandatory COVID-19 vaccination policy, they will be required to:

• Determine the vaccination status of each employee
• Obtain proof of vaccination and maintain a record and roster of each employee’s vaccination status
• For employees who have yet to be vaccinated:
  • Support vaccination by providing reasonable time (up to four hours paid) to receive each vaccination
  • Provide reasonable time and paid sick leave to recover from side effects

 
For employers who permit non-vaccinated employees to work, they will be required to:

• Adhere to the policies set forth above (for those who wish to be vaccinated)
• Require weekly testing or within the last 7-days before returning to work
• Require employees to wear face coverings when indoors or when occupying vehicles with others

​When implementing either policy, employers will be required to:

• Require employees to promptly provide notice of a positive COVID-19 test or diagnosis (regardless of vaccination status)
• Immediately remove employee from the workplace and keep them removed until proper criteria are met for return

What Additional Requirements Must Employers Meet

Alongside implementing the policies above, employers will be required to:

• Provide employees important information in a language and literacy level they understand including:
  • ETS requirements and workplace policies and procedures
  • CDC documentation – Key Things to Know About COVID-19 Vaccines
  • Information about protections, retaliation, and discrimination
  • Information about laws regarding criminal penalties for falsifying statements/documentation on vaccination
• Report workplace COVID-19 fatalities and hospitalizations to OSHA
  • Fatalities must be reported within 8 hours of learning about them
  • In-Patient hospitalizations must be reported within 24 hours of learning about them
• Make records available to employees and employee representatives including
  • Employee’s COVID-19 vaccination documentation and test results
  • Reports regarding the aggregate number of fully vaccinated employees at a workplace and the total number of employees at said workplace

When Does This Emergency Standard Take Effect

The ETS, officially published on November 5th, will take effect 30 days from publication (December 5th). Once effective, all requirements (besides testing employees) will be required. Testing for employees who have not received any or all vaccinations will be in effect 60 days from publication (January 4th). While this standard is set to take effect next month, multiple states have currently filed suit in the U.S. Circuit Court of Appeals to stay (halt) the enforcement until further review from the court.

With the ETS looming, employers should prepare themselves for this standard becoming effective. If you are looking for help maintaining and reporting employee records, STAC is here to be your solution. With our unique QR coded stickers and ID badges, you will be able to adhere to the ETS standards while also providing other important training information for your employees with a simple scan from your phone. For more information regarding the ETS, visit https://www.osha.gov/coronavirus/ets2