Key things to know about OSHA’s COVID-19 Vaccination and Testing ETS

The U.S. Supreme Court is scheduled to hear cases regarding the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) on January 7, 2022. Hopefully, a ruling will be released shortly thereafter. Should the Court uphold the OSHA ETS or fail to issue a ruling by January 10, here’s what you need to communicate to your employees. 

Employers must have a written policy by January 10, 2022 and must provide it within four hours of a request from OSHA. In addition, effective the same date, the first portion of the OSHA ETS (COVID-19 Vaccination or Testing) will be enforced. This will require employers to provide each employee with information, in a language and at a literacy level the employee understands, about the requirements of the ETS and workplace policies and procedures established to implement the ETS including: 

1. Information regarding vaccine efficacy, safety, and the benefits of being vaccinated (by providing the CDC document “Key Things to Know About COVID-19 Vaccines”) 
2. Protections against retaliation and discrimination; and  
3. Laws that provide for criminal penalties for knowingly supplying false statements or documentation. 

On February 9, 2022, COVID-19 testing will be enforceable by OSHA. You are encouraged to document the communication process and employee education of your company’s policy and procedures.  

For more information, please visit our COVID Vaccination Legislation News & Resources page.