OSHA’s COVID-19 Vaccination Emergency Standard Goes Into Effect Today
Yesterday, the federal Occupational Safety and Health Administration (OSHA) released their much-anticipated Emergency Temporary Standard (ETS), requiring that businesses with 100 or more employees mandate company-wide COVID-19 vaccination or require weekly COVID testing.
The published document includes a lengthy preamble, resulting in over 150 pages of text. Critical elements of the emergency rule include requirements related to policy development, vaccination status documentation, and face coverings. Additionally, the Order requires that employers provide paid leave for employees to obtain the vaccine and/or recover from side-effects associated with the vaccine. While OSHA has resources available to assist with compliance, employers should approach such tools with caution. A cursory review of the standard identifies several areas where the regulations conflict with stricter California state laws. Also, the material only briefly addresses an employer’s obligation to provide a reasonable accommodation for employees who are unable to receive the vaccination due to a legally protected reason.
OSHA’s ETS applies to businesses that employ 100 or more workers company-wide at any time the emergency rule is in effect; should an employer’s workforce fall below the 100-person threshold, the business must still comply with the Order until it expires. The ETS does not apply to businesses that are covered under the Executive Order mandating vaccinations for federal contractors and subcontractors or to healthcare settings that are subject to OSHA’s Healthcare ETS.
The ETS goes into effect immediately, but businesses have until January 4, 2022, to comply with the testing requirement for unvaccinated staff. Other provisions of the order must be met within the next 30 days. While lawsuits have already been filed challenging the legal authority of the ETS, covered employers are advised to begin reviewing the requirements in preparation of the looming deadline.