OSHA Emergency Temporary Standard
The OSHA Emergency Temporary Standard (ETS) on Vaccination and Testing was officially filed in the Office of the Federal Register on November 4, 2021. The ETS was issued in response to President Biden’s COVID-19 Action Plan.
The key elements of the ETS are:
- Implement either a mandatory COVID-19 vaccination policy, or require employees to either be fully vaccinated, or wear a face mask at the workplace (with certain limited exceptions) and take weekly COVID-19 tests, if the employee is in the workplace at least once a week. The ETS does not require employers to cover the cost of weekly testing for unvaccinated employees.
- Provide up to 4 hours paid time off to employees to get the vaccine and PTO to recover from any side effects.
- Maintain records of each employee’s vaccination status and preserve proof of vaccination status. If vaccination or testing option, then also maintain records of test results.
- Remove from the workplace any employees who test positive for COVID-19 or who receive a COVID-19 diagnosis and allow such employees to return to the workplace only when certain requirements are met.
- Compliance Dates for key elements (see standard for all requirements):
- December 5, 2021:
- Establish policy on vaccination
- PTO for vaccination
- Mask requirements
- Vaccination status records
- January 4, 2022:
- Fully vaccinated or testing requirements