11 Nov OSHA Issues Emergency Temporary Standard on Coronavirus
The Occupational Safety and Health Administration has announced a new emergency temporary standard to protect workers from the spread of the coronavirus on the job. 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 ETS requires covered employers to do the following:
- 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 is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 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 emergency temporary standard does not require employers to pay for testing. However, employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers are also not required to pay for face coverings.
According to a statement from the White House, employers have until January 4, 2022, to get their workers vaccinated. This statements also said that “new rules preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks, or testing.”
The Society for Human Resource Management says that the ETS is expected to cover about two-thirds of private-sector employees (more than 76 million workers), working at about 123,000 companies.
The statement itself runs nearly 500 pages—this is just a summary of the key points. Further guidance and changes are likely to come, so companies should keep a close eye on future releases from federal and state agencies and get qualified legal advice.
This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.