OSHA's Emergency Temporary Standard (the "ETS")  came out today, November 4, 2021, and here is a quick summary:

 

1. Covered employers (100+ employees) need to ensure employees are fully vaccinated by January 4, 2022.  Those not fully vaccinated need to produce a verified negative Covid-19 test on at least a weekly basis or be removed from the workplace.

 

2. Employers do not need to pay for tests "given that vaccines are safe, free, and the most effective way for workers to be protected from COVID-19 transmission at work."

 

3. Employers are to provide paid time off to get vaccinated or recover from side effects keeping the employee from working.

 

4. Unvaccinated employees have to be masked in the workplace.

 

5. Healthcare workers (those working at facilities receiving Medicare or Medicaid) must be fully vaccinated by January 4, 2022, regardless of position (known as the "CMS" rule - Centers for Medicare & Medicaid Services).

 

6. The ETS preempts any state or local law from adopting or enforcing other workplace requirements related to Covid-19 mandates/testing for employers.  

 

The OSHA publication may be found here:  https://www.osha.gov/sites/default/files/publications/OSHA4162.pdf with additional information from OSHA found here:  https://www.osha.gov/coronavirus/ets2

 

No comments or rules about ADA or religious accommodations other than providing an "additional resource" to the EEOC's informational pages about the ADA and Title VII/religious objections to receiving the vaccination.

 

At #theworkplacecounsel, we act as a third-party service to evaluate, assess, and make recommendations for unvaccinated individuals seeking ADA or religious accommodations from Covid-19 vaccination mandates. This way, the Employer is not part of the process and independent from decision-making (and exposure to potential discrimination or retaliation claims).

We have the expertise and knowledge to handle such exemption requests in addition to materials we provide to workforces with information, guidance, adn resources to educate themselves on Covid-19, vaccinations, and the reasonable accommodation process.