In November 2021, we detailed the requirements set forth in the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). As you may know, the ETS was temporarily stayed by the United States Court of Appeals for the Fifth Circuit. That stay has been lifted by the Sixth Circuit and new, updated compliance dates have been promulgated by OSHA.
Specifically, by January 10, 2022, covered employers must comply with everything except for the requisite weekly testing of unvaccinated employees. So, by January 10, 2022, employers must have an ETS-compliant policy in place, have collected the vaccination data of its employees, have created a roster of vaccinated and unvaccinated employees,implement a mask mandate for unvaccinated employees, and enforce the removal of COVID-19 positive employees from the workplace. See our November 2021 post for more, substantive details on the ETS’ requirements.
By February 9, 2022, covered employers must have implemented the weekly testing requirement for unvaccinated employees.
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