Vax Compliance: A Guide to OSHA ETS for Private Sector Employers
The Occupational Safety and Health Administration (OSHA) has released its COVID-19 mandatory vaccine mandate by the federal government for the private sector under the Emergency Temporary Standard (ETS). This article will take a quick look at the OSHA ETS and what it means for your company.
What Does the Policy Say?
According to the ETS, employers with a workforce of 100 or more employees are to put in place a mandatory vaccine or weekly testing and mask policy.
Generally, these COVID-19 company policies should comply with the ETS, OSHA’s prohibition against retaliation for reporting workplace illnesses or injuries, the Centers for Disease Control and Prevention’s “Key Things to Know About COVID-19 Vaccines, and the criminal penalties associated with knowingly supplying false statements or documentation.
Which Companies Aren’t Covered?
While employers with 100 or more employees must meet the ETS requirements, some businesses do not fall under the mandatory policy. They include:
-
Employers/employees under the Safer Workforce Task Force COVID-19 Workplace Safety
-
Healthcare workers already under the existing healthcare ETS
-
Employees working from home or exclusively outdoor
What Are the Effective Dates of the ETS?
The ETS mandates that employees must complete all the policy requirements aside from the testing for employees who have not completed their primary vaccination doses within 30 days of its publication.
Also, company management must begin testing of staff members who have not completed the primary doses of their vaccination 60 days after the policy’s publication.
Are There Any Vaccination Exemptions?
While every private-sector employer must enforce mandatory vaccinations for all employees under the ETS policy, some members of a workforce may qualify for exemptions. Examples of such individuals include:
-
Workers who have a medical condition that makes it necessary to delay a vaccination
-
Employees who qualify for a reasonable accommodation under US civil rights laws because of religious beliefs, disabilities, etc
-
Staff members who have illnesses with a diagnosis that suggest that they should not receive the vaccine
What About Paid Time Off for Vaccinations
The ETS also requires employers to provide paid time off for members of their workforce to get vaccinated and recover from any effects the vaccine may cause.
The stated timeline is four (4) hours at the standard pay rate to get each dose of the vaccine. For the side effects of the vaccination, the OSHA ETS mandates every employer in the private sector to provide a reasonable timeframe and paid sick leave to enable a full recovery.
Masking and Testing Requirements
Employees who have not completed their vaccine doses must undergo weekly testing according to the ETS. The policy also does not require employers to pay for the tests.
Also, a staff member must immediately notify their employer after a positive COVID-19 test and cannot resume work until they meet the return requirements.
The ETS also requests employees who are not fully vaccinated to wear face masks indoors or whenever they’re in a vehicle with a colleague unless it interferes with work operations.
Vaccination Records
According to the ETS, employees must have the following documents on file:
-
Records of vaccination for each employee regardless of whether they’re fully or partially vaccinated
-
Records of test results provided by each employee
However, businesses who have acquired this information before the ETS policy are not required to do so all over again. Note that these are medical records and should be treated as confidential under the ADA.
Get Legal Help For Your Company
Have questions? Contact us.
