OSHA’s COVID-19 ETS Is Back (for Now)

12/22/2021

As reported in the OMA’s Dec. 20 COVID-19 Update, OSHA’s Emergency Temporary Standard (ETS) is in effect again following last Friday’s ruling by the 6th U.S. Circuit Court of Appeals. Shortly after the decision, OSHA updated the deadlines for ETS compliance. OMA Connections Partner Frantz Ward has published this ETS refresher for employers with 100 or more employees:

  • WHAT — Covered employers must ensure that all employees are fully vaccinated or produce a negative COVID-19 test result on at least a weekly basis.
  • WHEN — By Jan. 10, employers must have a written vaccination policy and all other vaccine or test requirements in place. By Feb. 9, all employees must be vaccinated or show weekly proof of a negative COVID-19 test.

As noted by OMA Connections Partner Roetzel, ETS opponents have already filed an appeal to the U.S. Supreme Court, which could temporarily block the ETS while it reviews the case. However, the firm advises impacted employers to be prepared to meet OSHA’s revised deadlines. 12/21/2021

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