Today, the Department of Labor announced that the Occupational Health and Safety Administration (OSHA) has filed an Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or weekly testing for employees of private companies with 100 or more workers. The ETS will be officially published in the Federal Register on Friday, November 5. Scope:
- All private companies with 100 or more employees across all locations, including all categories of workers: full- and part-time, on-site and remote, seasonal and temporary, etc.
- Supersedes any conflicting state or local laws regarding vaccine, testing, or mask mandates
Requirements to be implemented by December 4, 2021:
- Develop COVID-19 vaccine policy and disseminate to employees
- Determine employee vaccination status, obtain proof of vaccination, and maintain employee vaccination records and roster
- Require face coverings for unvaccinated workers when indoors or in vehicles with other employees
- Provide up to four hours of paid leave for employees to receive each vaccine dose and reasonable paid sick leave for recovery after each dose
- Make available aggregate data that includes total number of employees and total number of vaccinated employees at each workplace
Requirements to be implemented by January 4, 2022:
- Implement weekly COVID-19 testing protocol for all unvaccinated workers; maintain and preserve testing records for as long as ETS remains in effect
- Both PCR and antigen tests acceptable
- Employers are not required to pay for testing or provide paid time off for testing
Exemptions:
- Employees who work remotely from home or work exclusively outdoors
Duration:
- OSHA expects the ETS to remain in effect for six months. The Administration will continue to monitor COVID-19 trends and adjust the ETS accordingly if the threat of grave danger to the covered workforce increases or decreases
Enforcement:
- Employers do not need to submit their vaccination/testing policy or records to OSHA; however they must be prepared to respond to a request for verification within four business hours
- Fines range from $10,000 up to $100,000 for “willful violations”
OSHA Resources:
- Three-page ETS summary
- Comprehensive FAQ
- Vaccine policy template establishing mandatory vaccine policy for all employees
- Vaccine policy template offering a weekly testing and mask option for unvaccinated employees
The White House also announced a streamlined timeline for the OSHA ETS and federal contractor vaccine order. Employees falling under either the ETS or federal contractor rule will need to receive all doses of COVID-19 vaccine by January 4, 2022. As always, NATA will continue to keep you informed of further developments.