On November 10, Tonkon Torp attorneys Carlie Bacon and Erin Roycroft led a webinar briefing on OSHA’S long-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) for large employers.
During the briefing, they unpacked the requirements laid out in the ETS, which applies to businesses throughout the country with 100 or more employees. They reviewed how a business should look at employee numbers to determine if it is subject to the rule, as well as which workers are covered or exempted under the rule.
Diving into the rule, Carlie and Erin shared options employers have for structuring ETS-compliant policies, what those policies must contain, and appropriate processes for implementing policy provisions. The wide range of provisions cover mandatory vaccination, regular testing, face coverings, mandatory paid time off, and procedures for how to respond when employees test positive for COVID-19. Carlie and Erin also noted the requirements employers have for notice to employees, recordkeeping, documentation, and reporting. After reviewing exclusions to the rule and reasonable accommodations for religious beliefs and disabilities, they concluded the briefing with a reminder that the federal rule intersects with other federal and state laws, including those in Oregon, and that the ETS faces legal challenges in various jurisdictions.