OSHA has a new permanent head and the released the ETS for COVID-19 Vaccines

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Looks like OSHA has been busy this week. So, I'm going to add one more email this week.

Welcome Doug Parker to OSHA from CAL/OSHA and MSHA. He is the first head of OSHA in over 4 years. Here is a Forbes article regarding the impact of Doug Parker as head of OSHA.

Now the BIG...HUGE news! The COVID-19 vaccination and testing ETS is out from OSHA. Here's what a summary of issues looks like:

Quick Summary of the ETS Requirements

This is not comprehensive – we are still going through the 490 pages – but it is a quick summary of the primary points in the ETS.

• Employers must establish, implement, and enforce a mandatory vaccination policy

OR have a written policy that allows

• Periodic testing AND

Masks in lieu of getting vaccinated

• Must determine vaccination status of EACH EMPLOYEE and maintain roster

Considered medical records

• The only acceptable proof of vaccination status consists of medical records, such as vaccine card or record of immunization from health care provider

Attestations NOT ACCEPTABLE

UNLESS employee has lost or is unable to produce proof of vaccination

• If employer already recorded vaccination status BEFORE the ETS
• The employer does NOT need to reevaluate status AND

Can rely on previously obtained attestations

Still must retain roster

• Mandatory paid sick leave for

Getting vaccinated and travel time – 4 hours per dose

“Reasonable” paid sick leave for vaccine side effects

• Who pays for testing?

Basically, the ETS punts.

• The ETS allows employers to make employees pay.

BUT advises/warns that OTHER laws may make employees pay

• Employers must exclude infected employees but do NOT need to provide “exclusion pay” under ETS
• The ETS claims to preempt state and local laws that attempt to prohibit employer vaccination requirements. The courts will ultimately decide this, of course.
• For CA employers, these look similar to but not identical to CAL/OSHA requirements.

Help is on the way!

I'll be doing a deep analysis on the Future of OSHA: The Joe Biden Era with an added workshop to prepare you for what's to come. We will look at the Congressional budget and then pick out the vulnerable areas for your industry. Since OSHA is moving fast, I'm going to do this one next week on November 12th. It is a 100% virtual event to make it accessible to everyone.

Register today for the workshop

Have a wonderful weekend,

Sheldon