OSHA Issues Emergency Temporary Standard

This morning the Occupational Safety and Health Administration (OSHA) filed a hotly-anticipated Emergency Temporary Standard (ETS) related to COVID-19 vaccines, testing, and face coverings in the workplace. This follows an announcement by President Biden on September 9, 2021, directing OSHA to develop a rule to combat the ongoing COVID-19 pandemic.

Details are posted on the OSHA website, but here are some of the key highlights:

  • ETS is effective immediately, as of 11/5/2021.
  • Employers must comply with all requirements, except testing, within 30 days. Testing compliance within 60 days.
  • ETS applies to employers with 100 or more employees. In Minnesota, along with other states with an OSHA approved State Plan, the ETS applies to public sector workers employed by state and local governments, including educators and school staff.
  • Employers must determine the vaccination status of each employee, obtain proof of vaccination status, and maintain records.
  • Require employees to notify the employer of a positive COVID test or diagnosis. Employers must then remove the employee from the workplace.
  • Employees who are not fully vaccinated must be tested at least weekly if the employee is in the workplace at least one day a week.
  • Employees who are not fully vaccinated must wear a face covering when indoors or in a vehicle with another person for work purposes.
  • ETS does not require employers to pay for testing or face coverings. Employers may assume costs if they so choose.
  • ETS does not apply to 100% remote employees or employees who work exclusively outdoors.
  • Requires employers to provide up to four hours of paid time to receive each vaccination dose, and reasonable time and paid sick leave to recover from side effects experiencing following each dose.

Greater Mankato Growth staff is continuing to monitor this announcement. We will provide additional details and resources as they become available.

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