OSHA Releases Private-Sector Covid Mandates

The Department of Labor’s Occupational Health and Safety Administration (OSHA) has released its emergency temporary standards (ETS) for Covid-19 vaccinations within employers with 100 or more workers. Covered employers must establish, implement, and enforce a mandatory Covid-19 vaccine policy or a policy that gives employees the choice between being vaccinated, on the one hand, and undergoing regular testing and wearing a mask at work, on the other.

The standard, driven by an executive order signed in September, will go into effect immediately after being published in the Federal Register, according to OSHA. Employers will have 30 days following publication to comply with most requirements. Testing requirements must be met within 60 days of publication. The Federal Register expects the rule to publish tomorrow—on November 5, 2021.

The standard also requires covered employers to:

• 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 allow them to return to work until they meet required criteria.
• Ensure each worker who is not fully vaccinated, and who is in the workplace at least one or more times a week, is tested for Covid-19 at least weekly 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.

“Covid-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” U.S. Labor Secretary Marty Walsh said in a release. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of Covid-19. Many businesses understand the benefits of having their workers vaccinated against Covid-19, and we expect many will be pleased to see this OSHA rule go into effect.”

OSHA reported the ETS will cover two-thirds of the nation’s private-sector workforce. Additionally, in the 26 states and two territories with OSHA State Plans, the ETS will cover public-sector workers employed by state and local governments, including educators and school staff.

The ETS requires employers to provide paid time off for workers to get vaccinated and to recover from any side effects of the vaccination. The standard does not mandate that businesses pay for testing or face coverings, but employers might be required to cover those costs to comply with other laws, regulations, or collectively negotiated agreements.

OSHA noted the ETS is also a proposal for normal rule-making and is seeking comment about whether the temporary standard should be adopted as a final standard.

“While vaccination remains the most effective and efficient defense against Covid-19, this emergency temporary standard will protect all workers, including those who remain unvaccinated, by requiring regular testing and the use of face coverings by unvaccinated workers to prevent the spread of the virus,” Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick said in a release. “As part of OSHA’s mission to protect the safety and health of workers, this rule will provide a roadmap to help businesses keep their workers safe.”

From: PropertyCasualty360