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OSHA Emergency Temporary Standard on COVID

On November 4, 2022, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that applies to employers with 100 or more employees ( “covered employers”). 

Documents on the ETS:

  • The ETS published in the Federal Register can be found here
  • OHSA's overview of the ETS is here.
  • OSHA's FAQs on the ETS are here.
What the ETS Requires
The ETS requires covered employers to do the following:
  • Get their employees fully vaccinated by January 4, 2022.
  • Require unvaccinated employees to produce a negative test on a weekly basis.
After January 4, 2022, any employees who have not received the necessary shots will be required to produce a verified negative test to their employer on at least a weekly basis. Covered employers must also remove from the workplace any employee who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed health care provider.

Other key points:
  • The ETS does not require employers to provide or pay for tests. However, employers may be required to pay for testing because of other laws or collective bargaining agreements.
  • The ETS does require employers to pay for time off to get the vaccine or paid sick leave to deal with any negative effects of the vaccine.
  • All unvaccinated employees must be masked at all times in the workplace.
  • Compliance will be through record keeping requirements that are spelled out in the ETS.
  • All other requirements of the ETS (except the requirement for testing of unvaccinated employees) begin on December 5, 2021.
Webinar Recording:
We hosted a webinar on the ETS on November 5. The recording is available in the webinar archive under the Legal/Government Affairs tab. 

For more information, please contact Thom Stohler.