GUIDANCE FOR THE OSHA EMERGENCY TEMPORARY STANDARD

To help minimize the spread of COVID-19, President Joe Biden issued an executive order in September requiring federal contractors to vaccinate their employees. In November, OSHA followed suit by issuing their own emergency temporary standard (ETS). Although Biden’s mandate was halted in a December 7 decision by a federal district court judge, it’s in the best interest of member contractors to proceed as if the ETS will carry on as originally planned.

Following are some highlights contractors should know. This is not intended to be a comprehensive document.

WHAT CONTRACTORS ARE COVERED UNDER THE OSHA ETS RULE?

The ETS only applies to employers with 100 or more employees regardless of whether they work in their home office or on a jobsite. Employers in unionized workplaces with 100 or more employees must, like all covered employers, follow the minimum requirements established by the ETS. Nothing in the ETS, however, prevents employers from agreeing with employees and their representatives to implement additional measures, and the ETS does not displace collectively bargained agreements that exceed the requirements of the ETS.

DO CONTRACTORS NEED TO MANDATE THE VACCINE FOR EMPLOYEES?

No, employers don’t have to require employees to be vaccinated as a condition of employment; however, contractors must implement a “soft” vaccine mandate. That means employees have the option to become fully vaccinated or submit to weekly testing. If an employer gives the option of weekly testing, all unvaccinated employees must begin weekly testing in January 2022.

• Tests may NOT be self-administered unless observed by an employer or telehealth doctor or representative.

• Employees who test positive must be immediately removed from the workplace according to the written company process.

WHAT RECORD-KEEPING IS INVOLVED?

The ETS requires employers to make available an employee’s COVID-19 vaccine documentation and any COVID-19 test results to that employee and to anyone having written authorized consent of that employee.

All information is up to date as of this writing. Due to the ever-changing nature of the COVID-19 situation, SMACNA Greater Chicago will continue to monitor and report on any OSHA updates as they arise.