Andrews Myers | We Mean Business in Texas

by Tony Stergio OSHA issued its Emergency Temporary Standard for COVID-19 vaccinations today. Under the Emergency Temporary Standard, all employers with 100 or more employees must mandate that employees get vaccinated against the coronavirus by January 4, 2022, or test for COVID-19 on a weekly basis at minimum. In determining how to count employees, for purposes of accessing the applicability of this standard, all part-time employees and employees who work from home must be counted.

Unvaccinated people must wear masks: Unvaccinated workers must wear face coverings while on the job beginning December 5, 2021. The Emergency Temporary Standard requires that employers ensure that any face covering required to be worn by unvaccinated employees is: (i) worn by the employee to fully cover the employee’s nose and mouth; and (ii) replaced when wet, soiled, or damaged (e.g., is ripped, has holes, or has broken ear loops).

Employer Vaccination Status Requirements: Covered employers must determine the vaccination status of each employee. The employer must require each vaccinated employee to provide acceptable proof of vaccination status, including whether they are fully or partially vaccinated. Any employee who does not provide one of the acceptable forms of proof of vaccination status must be treated as not fully vaccinated for the purpose of the Emergency Temporary Standard.

Covered employers must maintain a roster of each employee’s vaccination status. These records and the roster must be maintained by employers in a confidential manner and must be available for inspection by the end of the next business day after a request for such record is made.

Non-vaccinated employees: Employees who are not fully vaccinated, including those who are unable to receive vaccinations, and are entitled to reasonable accommodations, must provide COVID-19 testing results every 7 days and wear face coverings. OSHA acknowledges that there has been recent evidence of fraud associated with people providing fake vaccination records. While employers may not invite or facilitate fraud, the Emergency Temporary Standard does not require employers to monitor for or detect fraud. Read More...