What Does the OSHA COVID-19 Vaccination and Testing; Emergency Temporary Standard (ETS) Mean for Your Business?

On Nov. 5, 2021, the Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) in the Federal Register, requiring private employers with 100 or more employees, company-wide, to institute either a mandatory vaccination policy or a policy that gives employees a choice to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination. This may impact your business – here’s what we know now and what you can expect over the coming weeks.

What employers are covered under the ETS?

The OSHA ETS applies to employers with at least 100 employees, company-wide. Part-time and remote workers are included when calculating the number of employees. If an employer employs at least 100 workers at any time while the ETS is in effect, the employer is covered from that point on, even if the size of the workforce fluctuates.

What does the ETS require?

Covered employers must:

  • Institute either a mandatory vaccination policy or a policy that gives covered employees the choice to either get vaccinated or be tested weekly and wear a face covering at work.
  • Provide paid time off at the employee’s regular rate of pay to get vaccinated (up to four hours).
  • Provide paid sick leave for a reasonable time to recover from the side effects of each dose of the vaccine.
  • Determine and keep records documenting each employee’s vaccination status, secure proof of vaccination, and keep a roster that compiles this information.

What compliance deadlines should I be concerned with?

Employers must comply with most provisions of the standard by Dec. 5, 2021, with testing requirements effective Jan. 4, 2022.

We provide California businesses with summaries of some of the most critical legislation to ensure they stay in compliance while working to serve their communities. Please contact our team at (888) 356-4937 or info@pprclaw.com with any questions regarding state-specific guidance or application to your workplace.

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