COVID-19 Vaccination and Testing ETS Frequently Asked Questions

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address the danger of COVID-19 infection in the workplace. Affected employers will be required to comply with most provisions of the ETS by Dec. 5, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees (firm or company-wide count). State plans will have 30 days to adopt the federal ETS or implement their own vaccination standard.

ETS Requirements

The ETS requires employers to:

• Develop, implement and enforce a mandatory COVID-19 vaccination policy; or
• Create a policy allowing employees to choose to get a vaccination or wear a face covering in the workplace and have weekly COVID-19 testing done.

Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination and keep a roster of each employee’s vaccinations status. Employees who are not fully vaccinated must be tested weekly or within seven days before returning to work. Employers are also required to allow reasonable time—including up to four hours of paid time—to receive a primary vaccination dose.

This compliance bulletin provides OSHA’s answers to frequently asked questions regarding this ETS.

ACTION STEPS

Employers should carefully review the vaccination and testing ETS, implement and start enforcing the requirements. Employers should also continue to monitor OSHA communications so they can be updated on any changes or amendments to the ETS.