OSHA Releases Much-Anticipated COVID-19 ETS

The U.S. Occupational Safety & Health Administration (OSHA) released its COVID-19 Emergency Temporary Standard (ETS) this morning. The ETS requires employers with 100 or more staff members to get their employees vaccinated by Jan. 4, 2022, or require unvaccinated employees to produce a negative test on at least a weekly basis.

The following requirements for employers with 100 or more employees were laid out by OSHA in the ETS:

• Get Employees Vaccinated by Jan. 4, 2022, and Require Unvaccinated Employees to Produce a Negative Test on at Least a Weekly Basis: All covered employers must ensure that their employees have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by Jan. 4, 2022. After that, all covered employers must ensure that any employees who have not received the necessary shots begin producing a verified negative test to their employer on at least a weekly basis, and they must remove from the workplace any employee who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed healthcare provider. The ETS lays out the wide variety of tests that comply with the standard. Given that vaccines are safe, free, and the most effective way for workers to be protected from COVID-19 transmission at work, the ETS does not require employers to provide or pay for tests. Employers may be required to pay for testing because of other laws or collective-bargaining agreements.
• Pay Employees for the Time it Takes to Get Vaccinated: All covered employers are required to provide paid-time off for their employees to get vaccinated and, if needed, sick leave to recover from side effects experienced that keep them from working.
• Ensure All Unvaccinated Employees are Masked: All covered employers must ensure that unvaccinated employees wear a face mask while in the workplace.
• Other Requirements and Compliance Date: Employers are subject to requirements for reporting and recordkeeping that are spelled out in the detailed OSHA materials available here. While the testing requirement for unvaccinated workers will begin after Jan. 4, 2022, employers must be in compliance with all other requirements – such as providing paid-time for employees to get vaccinated and masking for unvaccinated workers – on Dec. 5.

For more information on the ETS, click here to view the OSHA website. Click here to view the ETS document that has been published to the Federal Register. Finally, click here to view a fact sheet on the new rule.

This afternoon, Thursday, Nov. 4, from 1-1:45 p.m. EDT, the Department of Labor (DOL) will hold a briefing with senior DOL, OSHA and Biden Administration officials to provide an overview of the ETS, including guidance around implementation and answers to key questions. Attendees are encouraged to review the fact sheet and information from OSHA ahead of the briefing and submit questions using the RSVP link. Click here to RSVP for today’s briefing.

TRSA is reviewing the ETS and is developing a webinar presentation for members of the linen, uniform and facility services industry.