OSHA Releases Federal Vaccine Rule

The U.S. Department of Labor’s OSHA Division has created the federal rule that outline how affected employers can help workers and themselves to understand the requirements and purpose of OSHA’s new Emergency Temporary Standard on Vaccination and Testing.  A YouTube video is also available that explains the overarching elements of the rule.

OSHA has posted information regarding the ETS on their site. A few highlights of the rule are:
    •    December 5, 2021 = deadline to have policy in place IF your company will require a vaccine and NOT offer weekly testing as an option
    •    January 4, 2022 = deadline to have policy in place to either choose vaccination or choose weekly testing PLUS wearing a mask at all times while working
    •    This mandate preempts (supersedes) any and all State & Local laws.
    •    The mandate applies to all employers with 100 or more employees.  Everyone working for the company while the ETS is in effect counts as an employee. This includes management, seasonal, temporary and/or part-time personnel.
    •    Employers must provide information on their company vaccination mandate policy to all employees.
    •    Employers do not have to pay for the weekly testing, although they can choose to do so (under this ETS).
    ◦    Exemptions: Employers may be required to pay for testing if required by other laws, regulations, such as collective bargaining or health program agreements.
    •    Employers must determine and confirm the vaccination status of each employee.
    ◦    Failure by employee to provide “acceptable proof” - treat employee as unvaccinated.
    ◦    Employers required to preserve documentation/evidence of acceptable proof of vaccination & roster of vaccination-status of all employees.
    ◦    Proof of vaccination, rosters, and weekly test results must be preserved & maintained by employers for review by health authorities as long as the ETS is in effect.
    •    Testing Requirements for unvaccinated workers.
    ◦    Must be tested at least 1x every 7 days.
    ◦    Must provide test results documentation to employer (in compliance with the above requirement).
    ◦    Must be removed from the workplace if not providing timely test result documentation.
    •    EXEMPTION: workers who work exclusively (100%) outdoors 

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