On November 5, 2021, the Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), requiring private employers with 100 or more employees to institute either a mandatory vaccination policy or a policy that gives employees a choice to either get vaccinated or elect to undergo weekly COVID-19 testing and wear a face covering at work in lieu of vaccination. Below is an outline of the guidance and how TWF can assist your company comply.

--

• WHAT EMPLOYERS ARE COVERED/EFFECTED UNDER THE E.T.S.?

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 NEW O.S.H.A. GUIDANCE 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 ARE THE E.T.S. COMPLIANCE DEADLINES/IMPORTANT DATES?

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

• HOW CAN THE WORKFORCE ASSIST OUR COMPANY COMPLY WITH THE E.T.S.?