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The Occupational Health and Safety Administration (OSHA) will post their Emergency Temporary Standard (ETS) regarding COVID-19 Vaccination and Testing tomorrow. The ETS does not apply to employees who do not report to a workplace where other individuals, such as co-workers or customers are present or if work is completed exclusively outdoors (FAQ 2.A.11).  

In brief summary here is what you need to know: 

The ETS requires employers with 100 or more (FAQ 2.A) employees to comply. (This does not apply to workplaces covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety. (29 CFR 1910.502- HealthCare

Covered employers must implement a policy regarding the ETS (FAQ 3) – Sample Templates

Compliance with the chosen policy is required by January 4th. For additional information about fully vaccinated employees (FAQ 4). For additional information about unvaccinated employees (FAQ 6).

  1. Employers must pay employees for the time to get vaccinated (up to 4 hours for each dose) and, if needed, sick leave to recover from the side effects of vaccination. Verification and tracking of vaccination status is required.
  2. Employers are not required to pay for weekly testing of unvaccinated employees and are required to pay for masks. However, if a state law or collective bargaining agreement indicates differently you must comply with the information that provides the greatest benefit to employees. Verification and tracking of testing and results is required.

There are vast differences in each workplace and OSHA has worked hard to answer a majority of questions.  Additional must-see materials are linked below.

OSHA FAQ - OSHA 30 min free webinar - OSHA Summary

Feel free to reach out with your questions on this topic or others. 




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