OSHA COVID-19 Mandate is Live: What You Need to Know

We recently discussed anticipated guidelines to the OSHA COVID-19 vaccine mandate and ways to prepare your company to stay compliant. The official Emergency Temporary Standard (ETS) has since been released. The release calls for employers to “develop, implement and enforce a mandatory COVID-19 vaccination policy unless they adopt a policy requiring employees to choose to be vaccinated or undergo regular COVID-19 testing and wearing a face covering at work.” To help employers and facilities understand the requirements, we’ve highlighted the main points below. 

COVID-19 Emergency Temporary Standard (ETS)  

According to the release issued by OSHA and The Department of Labor on November 4th of 2021, “the emergency temporary standard covers employers with 100 or more employees – firm or company-wide – and provides options for compliance. The ETS also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.” 

The release continues to outline additional requirements, including: 

• Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
• Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not return to work until they meet the required criteria.

• Ensure each worker who is 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 seven days before returning to work (if the worker is away from the workplace for a week or longer).
• Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.

The release also highlights specific points that are not mandated by the ETS. For example, employers are not required to pay for testing. However, it is possible they can be required to pay for testing to remain compliant with “other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements.” Additionally, employers are also not required to pay for face coverings.

Time is Ticking

Regarding implementation, the ETS is effective from the date of its publication in the Federal Register. Most requirements must be implemented within 30 days of publication, and the testing requirements should be in place within 60 days of the publication date. Depending on the size of your business, what protocols you currently have in place, and the requirements of your local and state governments, becoming compliant could be a sizable undertaking in that length of time. 

Assistance with Compliance 

Along with webinars and compliance materials provided by OSHA, companies such as Medek Health have the resources to help your company reach and maintain compliance in the wake of the emergency temporary standard (ETS)- and within the necessary time frame. From setting up on-site testing to providing test kits for self-testing or offering insight on vaccination tracking software for your company, Medek Health can customize a compliance plan for your business. Connect with us today to get started!