Compliance for HR, HR Updates

BREAKING NEWS: OSHA Issues COVID-19 Workplace Vaccine and Testing Mandate

This morning, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued the COVID-19 Emergency Temporary Standard (ETS) to implement President Biden’s vaccine mandate stating that employers with 100 or more workers must require COVID-19 vaccinations or a weekly negative test result before coming to work. The implementation of the vaccine mandate will impact more than 80 million workers in private sector businesses nationally.

Over the next week, we will be reviewing the ETS and will provide additional detail on this mandate.

In the meantime, please review our Top Takeaways from the OSHA ETS:

  • Employees must be fully vaccinated by January 4, 2022, and employers must require unvaccinated employees to mask and produce a negative test on at least a weekly basis.
  • Employers are required to have a written vaccination policy.
  • The OSHA ETS does not apply to employees who do not report to a workplace where there are other individuals such as coworkers or customers are present; employees working from home, or employees who work exclusively outdoors.
  • The OSHA ETS does not require employers to provide or pay for tests.
  • Employers must pay employees for the time it takes to get vaccinated.
  • Employers must ensure all unvaccinated employees are masked.
  • Employers must report COVID-19 fatalities and hospitalizations to OSHA.
  • The OSHA ETS reaffirms that employers must provide reasonable accommodations.
  • According to the Department of Labor (DOL), vaccine, testing and face-covering requirements preempt inconsistent state and local requirements.

Source: SHRM Advocacy Group

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