OSHA Reactivates Vaccine and Testing Requirement for Large Employers
The Occupational Safety and Health Administration (OSHA) has restarted activities related to the implementation and enforcement of the Emergency Temporary Standard (ETS) laying out COVID-19 vaccine and testing requirements for companies with 100 or more employees. OSHA’s action comes after the 6th Circuit Court of Appeals lifted the block on the ETS on December 17th. In addition, OSHA extended the deadlines for the ETS. Employers covered under the ETS will need to adopt a COVID-19 policy and require covered employees to receive the first dose of the vaccine by January 10, 2022. By February 9, 2022, covered employers will need to implement the masking and testing requirement for non-vaccinated employees. Here is the official update from OSHA’s website:
Litigation Update
OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.
To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.
