To minimize the transmission of Covid-19 in the workplace, OSHA has been working on Emergency Temporary Standards (ETS) for employers to help combat this issue. Over the past few months, the ETS have been through court appeals and it has been touch and go as to whether these ETS would become official citable temporary standards.
It has just been announced that the U.S. Court of Appeals has dissolved the concerns holding up the ETS and OSHA has been given the green light to move forward with the Covid-19 Vaccination and Testing Emergency Temporary Standard.
The ETS are applicable to large employers with 100+ employees. Employers are required to establish a Covid-19 policy which allows for employer verification of employee vaccination status. Employees who are not vaccinated will be required to get tested weekly. Additional details regarding the ETS are included in the attached OSHA Fact Sheet.
To allow employers time to get up to speed with the ETS, OSHA will not issue citations for non-compliance before January 10, 2022 or issue citations for non-compliance related to testing requirements before February 9, 2022 providing that the employer can demonstrate a reasonable, good faith effort to come into compliance with the standard.