The tug-of-war over vaccination continues. On December 17, 2021, a federal appeals court lifted the suspension of OSHA’s temporary emergency standard, which requires employers with 100 or more employees to ensure employees are vaccinated or perform regular tests. The Court of Appeal’s decision was immediately appealed to the US Supreme Court.

What does this mean for employers?

OSHA’s Temporary Emergency Standard (ETS) mandating vaccinations or testing and masking is now in effect, but OSHA has delayed compliance. OSHA allows “employers to have sufficient time to meet the requirements” and “OSHA will not issue charges of non-compliance with the requirements of the ETS before January 10 and no charges of non-compliance with the standard’s test requirements before February 9 because an employer makes reasonable efforts in good faith to comply with the standard. “

OSHA fact sheet, sets out the specific steps employers must take. Below is an overview to help employers meet these requirements.

  1. Find out if you have insurance. Only private employers with 100 or more employees are subject to this mandate from November 5, 2021. This is based on a company-wide workforce that includes both full and part-time employees. This standard does not apply to employers who fall under the federal requirements for contractors (which still remain in place). This mandate does not apply to employees who work remotely or exclusively outdoors.
  2. Adopt a written vaccine guideline. OSHA’s ETS requires you to adopt and have a written policy Vaccination Policy Template to help design your own policy.
  3. Determine the vaccination status of employees. Your written policy should include the procedure for workers to inform their employer of their vaccination status and acceptable records. The number of employees vaccinated can also determine whether employers offer a testing / masking option, as it might prove too difficult to conduct such a program for dozens of employees.
  4. Confirm your test protocols. Employers should determine which test locations are available to their employees and whether it makes sense to offer on-site tests. Employers should also consider what types of tests they will accept, such as: B. Rapid tests or PCR, and whether employers will pay for these tests.
  5. Clarify the effects on paid free time. Employers are required to give workers 4 hours of paid vacation to get vaccinated during regular business hours. Employers who offer a testing option can use this paid time off for employees who undergo testing.
  6. Establish procedures for recording recordings. The ETS requires employers to put in place procedures for employees to report positive COVID tests immediately. Please note that work-related COVID deaths must be reported to OSHA within eight hours of their knowledge and work-related inpatient COVID hospital stays within 24 hours.

The OSHA Vaccination ETS is in effect and employers with more than 100 employees must adhere to it unless the US Supreme Court intervenes. If you need help with your compliance efforts, we encourage you to contact. to turn experienced OSHA consultant.