Jab gets painful: Employers facing OSHA’s vax-or-testing deadlines

Employers with 100 or more employees are trying to understand and follow the Occupational Health and Safety Administration’s (OSHA) new emergency temporary standard (ETS) (announced on November 4) and be ready for its deadlines. Under the ETS, they must implement a COVID-19 vaccination policy and/or testing mandate by December 5, and employees will need to show proof of vaccination or a negative test by January 4, 2022. You can find summaries, guidance, and sample policies at https://www.osha.gov/coronavirus/ets2. Meanwhile, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) issued a temporary stay (or hold) on November 6, citing significant enforcement concerns. To learn more, read on.

Who’s covered

Per the guidance, the ETS generally applies to employers with 100 or more employees at any time the standard is in effect in all workplaces under OSHA’s authority and jurisdiction, including manufacturing, retail, delivery services, warehouses, meatpacking, agriculture, construction, logging, and maritime. Independent contractors are excluded, but part-time employees are counted like full-time employees.

An employer with several work sites whose aggregate employee count is 100 or more is covered by the ETS. There are special rules for multiemployer work sites, staffing agencies, and temporary/seasonal workers.

Which workplaces aren’t covered