New OSHA ETS Vaccine & Testing Requirements Effective Immediately

Does your company have 100 or more employees? If so, new COVID workplace requirements take effect immediately. The Occupational Safety and Health Administration (OSHA) announced its new Emergency Temporary Standard (ETS) in November 2021. This ETS was previously stayed, but as of December 17, 2021, the stay has been lifted by the Sixth Circuit Court of Appeals.   It is possible the U.S. Supreme Court may make a final decision on the ETS; however, employers should implement guidelines and practices immediately to stay compliant or contact their employment legal counsel. This ETS requires all businesses with at least 100 employees to mandate that employees must either be vaccinated against COVID-19, or test for COVID-19 on a weekly basis, at minimum. All employers who fall under this category will be required to establish written policies to implement the vaccination or test requirements. California Payroll Clients are able to utilize our payroll system’s Certification tracking features within the HR module to keep track of their employees’ proof of vaccination, or view and receive notifications when an employee is due for another COVID test and record those results. California Payroll has already designated specific codes to use in our Certifications & Notifications tab to track and manage your employees’ vaccine status. Please Note: Guidance has not been provided by OSHA or the current administration on any reporting requirements employers may be required to provide in the future regarding OSHA’s ETS. OSHA recognizes that compliance in such a short time frame is very difficult, so they will not be issuing citations for ETS requirements until January 10, 2022, and for standard testing requirements until February 9, 2022. The following links provide important information on COVID-19 Vaccination and Testing ETS: FAQ’s: ETS Frequently Asked Questions (OSHA) OSHA ETS Fact Sheet Three-page Summary of the ETS from OSHA The ETS with Commentary from DOL NOTE: This was recently issued by the Federal OSHA administration. Cal/OSHA has also released an update to the California ETS policy. Legal Disclaimer: California Payroll is not engaged in the practice of law or wage and hour advice. This document provides general information and should not be construed as providing legal advice. This material is made available for informational purposes only and is not a substitute for legal advice.  Please review all applicable laws and with legal counsel and/or your tax advisor.