OSHA Emergency Temporary Standard (ETS) for COVID-19

OSHA adapted an emergency temporary standard (ETS) for COVID-19 within 29 CFR 1910 Subpart U specifying vaccination, testing, and face coverings (1910.501), healthcare (1910.502), and mini-respiratory protection program (1910.504) requirements. The goal of these provisions was to protect employees of large employer’s from the risk of contracting COVID-19 by establishing minimum vaccination, vaccination verification, face covering, and testing requirements. The ETS preempts and invalidates State and local requirements which ban, prohibit, or limit an employer’s authority to require vaccination, face covering, or testing. OSHA’s COVID-19 ETS became effective November 5, 2021 with specific dates for achieving various levels of compliance within the standard. However, as of November 12, 2021 the US Court of Appeals for the 5^th Circuit granted a motion to stay OSHA’s ETS which ordered OSHA take no steps to implement or enforce the ETS until further court order. At this time the stay has been removed and the standard will be in effect and enforceable in February 2022. There will likely be more and ongoing court appeals and challenges and RPF will keep everyone updated. Ways RPF can assist: development of written programs, audits of existing programs and policies, proctoring employee testing (via Zoom, or in person), employee training, and other requirements. Contact us for more information on how to keep in compliance and your employees and other stakeholders safe.