OSHA unveils private employer vaccination and testing deadlines

The Occupational Safety and Health Administration has announced a federal emergency temporary standard (ETS) to address the danger of COVID-19 infection in the workplace. The ETS requires affected employers to:

• Develop, implement and enforce a mandatory COVID-19 vaccination policy; or

• Create a policy allowing employees to choose to get a vaccination or to wear a face covering in the workplace while undergoing weekly COVID-19 testing.

Affected employers include private employers with 100 or more employees (based on a firm or company-wide count). State plans will have 30 days to adopt the federal ETS or implement their own vaccination standard. 

The Associated Press notes the ETS essentially requires that by Jan. 4, those employers must mandate their employees be fully vaccinated or have workers submit to weekly testing. A federal appeals court has temporarily blocked the new rules.

Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination, and keep a roster of each employee’s vaccinations status.

Employees who are not fully vaccinated must be tested weekly or within seven days before returning to work. The ETS does not require employers to pay for any costs associated with testing. However, employer payment for testing may be required by other laws, regulations, collective bargaining agreements or other collectively negotiated agreements. 

Employers are also required to allow reasonable time — including up to four hours of paid time — to receive a primary vaccination dose. Reasonable time and paid sick leave are also required to recover from any side effects of the vaccines. Employees are required to provide immediate notice of a positive COVID-19 test or diagnosis, and will be removed immediately from work until return to work criteria are met.