To: MMA Policy Committee Members
Subject: OSHA Releases COVID-19 Vaccination & Testing ETS for Employers
with 100 or More Employees
The US Department of Labor’s Occupational Safety and Health Administration (OSHA) released a new emergency temporary standard (ETS). This ETS will require employers with 100 employees or more, who are not under a federal contract, to develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.
Employers will need to adopt a policy by 12/5/21 and must begin enforcing a testing requirement by 1/5/22.
More specifically, the ETS requires employers to do the following:
- Determine which employees are vaccinated by obtaining acceptable proof of vaccination status from them and keep records and a roster of all employees’ status.
- Require employees to provide prompt notice if they test positive for COVID-19 or receive a COVID-19 diagnosis. They must then be kept from the workplace, regardless of vaccination status until they meet criteria that allows them to return.
- Ensure each worker not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if they are away from the workplace for a week or longer).
- Ensure that employees not fully vaccinated wear a face covering when indoors or occupying a vehicle with another person from the workplace for work purposes.
We note the following in the ETS:
- Employers are not required to pay for testing unless required by other laws, regulation, or collective bargaining agreements.
- Employers are not required to pay for face coverings.
- Employers are not required to enforce the mandate or a testing regime for the following:
- Employees who do not report to a workplace where other individuals are present.
- Employees who are working from home/remotely.
- Employees who work exclusively outdoors.
- Employers who are under a federal contract do not have to follow the ETS as they are required to have all employees vaccinated without a weekly testing option in accordance with the “Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contracts and Subcontractors.”
OSHA has created two sample employee policy templates, one for those employers who wish to require a vaccination with no testing option for those who are not fully vaccinated, and one that provide for a testing option for those not fully vaccinated. They are available at the following links:
OSHA has also released a webinar that provides guidance in understanding employers' responsibilities under the ETS.
Please contact me at 517-487-8511 or worthams@mimfg.org for more information.
David
David Quinton Worthams (Dave) | Director of Human Resource Policy | Michigan Manufacturers Association
620 S. Capitol Ave • Lansing Michigan • 48933
Tel: 517.487.8511 | Fax: 517.853.3311 | Email: worthams@mimfg.org