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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).
- 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.
- 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.
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