OSHA puts into effect emergency temporary standard for workplace COVID-19 vaccination or testing requirements

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a COVID-19 vaccination and testing emergency temporary standard (ETS) for employers with 100 or more employees. Under the standard, employers must create, implement and enforce a mandatory COVID-19 vaccination policy or adopt a policy requiring employees either become vaccinated or undergo regular testing and wear a face covering if not vaccinated due to a reasonable accommodation. OSHA defines three reasonable accommodations categories: Those for whom receiving a vaccine may be medically harmful; for whom a delay in becoming vaccinated is medically necessary; or who have a disability or religious beliefs, practices or observances that conflict with a vaccination requirement as protected under federal civil rights laws.

Additionally, the vaccination status of each employee must be checked by obtaining acceptable proof from those who are vaccinated, and records and a roster of each employee’s vaccination status must be maintained.