On November 5, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its emergency temporary standard (ETS) that will require private sector employers with 100 or more workers to ensure that employees are vaccinated against Covid-19 by January 4. If employers do not want to dismiss employees who are not vaccinated, they have the option to allow those unvaccinated employees to submit a weekly negative COVID test and follow masking requirements when working indoors.
As of November 10, the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay of the OSHA ETS and this has paused the enforcement. While the ETS is stayed, employers do not have to comply with its terms. However, that stay could be lifted by the Fifth Circuit or the Circuit that gets the consolidated cases for review on the merits.
As a best practice, if an employer can do so without suffering significant economic harm, they should start creating policies and procedures for compliance with the ETS to be prepared should the stay be lifted pending a resolution on the merits or should the court decide to uphold the ETS. YCEA has compiled a list of helpful resources to aid in pressing questions and where employers may access more information.
- On Sunday, December 5 most requirements via the ETS will kick-in.
- Most importantly, employers are to have a plan in place for their workplace and employees by December 5th.
- A Quick ETS Fact Sheet by the U.S. Chamber – see details on the timeline, overview on the 100-employee threshold, implementing a workplace plan, and more.
- Access a briefing webinar on the ETS by the U.S. Chamber – covers a high-level overview on the regulatory text and a helpful explanation on the ETS.
- The Department of Labor has provided several fact sheets and FAQs, which can be found at the links below:
- Access guidance for Federal Contractors and Subcontractors at this link.
- For a one-stop shop for residents seeking COVID-19 vaccine information in York County, visit vaccinateyorkpa.org. Find where to get COVID-19 vaccines, updated statistics, and more.
- The ETS is a rule from OSHA that is in effect, but the final rule is open for public comment for a 30-day period. The public can offer comment to inform the agency on what actions or revisions to make to the rule. To review the final rule, click here.
- The Manufactures’ Association is hosting a COVID Vaccine Guidance for OSHA’s 100 employee vaccine mandate and federal contractor mandates.
- The webinar will be hosted on Wednesday, November 17th from 12:00 pm – 1:00 pm.
- To register for the webinar, follow this link.
YCEA will provide more updates on information regarding the ETS as this develops. Employers who have more questions regarding the ETS may send an email to email@example.com.