OSHA Vaccine Mandates in the Workplace
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated Emergency Temporary Standard (ETS)
requiring businesses with at least 100 employees to mandate that their employees get vaccinated against the coronavirus or wear a mask and test for COVID-19 on at least a weekly basis.
Here are some key highlights from the announcement:
1. OSHA's ETS threshold of 100 or more employees applies to the company-wide employee count, not just at one facility.
The ETS does not require employers to provide or pay for tests unless they are otherwise required to by state or local laws or in labor union contracts. Governor Ige's most recent proclamation clarifies that private employers are not currently responsible for the cost of testing.
- Employees who work remotely or exclusively outdoors are exempt from ETS requirements.
- Other vaccination exceptions include reasonable accommodations for legally protected medical and religious reasons.
2. Employers must provide paid time (up to four hours) for workers to get the COVID-19 vaccine and ensure workers have paid sick leave to recover from any side effects that prevent them from working.
4. Businesses that don’t comply may face significant OSHA fines.
Hawaii News & Updates
City & County of Honolulu Eases COVID-19 Restrictions
The first phase of the Safe Oʻahu Response
reopening plan began November 3, 2021
, followed by phase two on November 24, 2021
, including current gathering limits on Oahu. Read more...