OSHA Will Publish Vax Mandate in Federal Register Today, Mandate Begins January 4
The U.S. Department of Labor (DoL), Occupational Safety and Health Administration (OSHA), has finalized the formal process to require employers of more than 100 employees to mandate vaccination as a requirement for employment in the United States.
[OSHA Summary Here] – [OSHA Details pdf HERE]
[Federal Register Notice HERE]
While the OSHA rules appear to have been finalized, the official publication in the Federal Register is scheduled to take place November 5, 2021.
The OSHA Rule is being authorized by the Dept of Labor under an Emergency Temporary Standard (ETS). The ETS will go into effect on December 5, 2021, with the final vaccinations and testing in place by January 4, 2022 (sixty days after registration). There is NO END DATE to the rule. I repeat, despite the rule being filed under an emergency “temporary” standard, there is no end date for the rule to expire or be reauthorized.
As published, the rule affects employers with 100 or more employees that are not (1) federal contractors or (2) health care facilities (those are subject to different regulations).
Employees who work from home; and/or have no contact with other employees; and/or have contact with customers; and/or work outside; are exempted from the OSHA requirements as published.
♦ Employers have two options: (1) Mandatory vaccinations with exemptions for disabilities and sincere religious beliefs; or (2) Weekly testing and face coverings for unvaccinated employees. (If unvaccinated employees work outside, they do not have to mask).
That means if you are not vaccinated, for whatever reason, you must wear a mask in the workplace and visibly identify yourself as unvaccinated.
♦ Employers are required to:
(1) Create and implement a Covid safety plan.
(2) Collect proof of vaccination for employees. Employers cannot just ask employees – they need to see their official vaccination record or other evidence.
(3) Provide paid time off for vaccinations and side effects. Employers must provide four hours of paid time off for each employee to be vaccinated and also need to provide a reasonable amount of time off if someone has a bad reaction.
(4) Continue with quarantine policies as set forth by the CDC. Anyone who tests positive must quarantine, even if they are fully vaccinated.
(5) Any employee who is hospitalized or dead due to the vaccine must be reported to OSHA and registered as a workplace injury/death.
(6) Employers must be prepared to be audited and prove vaccination records, if asked.
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