Nextep's 2021 Annual Report is here! See what we accomplished together this year.

5 Things Employers Need To Know About OSHA’s ETS

47 Open Notebook

(JANUARY 13, 2022) UPDATE: The Supreme Court halted OSHA’s emergency temporary standard (or ETS) to enforce COVID-19 vaccination statuses for employees. While there’s a chance new OSHA guidance could emerge at some point, you can disregard the previously announced vaccination mandate deadlinesAs always, we’ll keep you in the loop if new legislation emerges. If you have any questions, reach out to your HR business partner, send us an email, or shoot us a text. We’re here to help!

On November 5, 2021, OSHA published its COVID-19 vaccination and testing ETS, and parts of the rule went into effect on January 10, 2022. 

While it initially faced some legal challenges, the ruling has passed through the Court of Appeals and it now is under review by the US Supreme Court for a final ruling. Until the Supreme Court makes its final ruling, OSHA is recommending that businesses subject to the ETS make preparations to comply. Further, OSHA has indicated that many portions of the standard went into effect on January 10 with a grace period in which federal enforcement and citations will not begin before Feb 9. Here’s the breakdown of what’s expected of qualifying employers.

All employers with 100+ total employees* must:

1. Develop and enforce a COVID-19 vaccination policy

When: By no later than January 10, 2022

Additional details: Companies can either mandate employees (who report to the workplace) to get the COVID-19 vaccination or enforce a policy that allows employees to choose between getting vaccinated or wearing a mask and providing weekly (or within seven days of returning to the workplace) COVID-19 test results.

2. Verify vaccination status of all employees

When: By no later than January 10, 2022

Additional Details: Employers must have proof of vaccination from employees as well as keep a roster and record of each employee’s vaccination status.

3. Require weekly negative test results for unvaccinated employees 

When: By no later than February 9, 2022

Additional Details: If employers don’t choose to mandate the vaccine in their workplace, they are required to have employees present a weekly (or within seven days of returning to the office, if out for a week or more) negative COVID-19 test.

4. Support employees getting vaccinations with paid time off

When: By no later than January 10, 2022

Additional Details: Employers must accommodate a reasonable amount of time (up to four hours of paid time) for employees to get vaccinated. They must also offer paid sick leave for employees to recover from any side effects. 

5. Comply with reporting and record-keeping requirements 

When: By no later than January 10, 2022

Additional Details: This includes maintaining copies of employee vaccine records and tests.

For more information, check out the OSHA ETS Fact Sheet or the OSHA ETS Frequently Asked Questions, or reach out to your HR business partner! As always, we’re here to help, rain or shine – send us an email, shoot us a text, or give us a call. 

* The ETS affects companies with 100 or more employees total – this number includes part-time workers and those who work from home and excludes contract workers and businesses that work exclusively outdoors. The ETS only applies to employees within those companies who physically report to the workplace where more than one person is present. 

Also on Nextep

Even an employer with the best of intentions can become the subject of a lawsuit. Lawsuits by employees are the biggest source of litigation against US entities (Beazley), making it essential for companies to protect themselves against lawsuits. This is where Employment Practices Liability Insurance (EPLI) can offer major financial protection for your company. What […]
Read more
President Joe Biden signed the Infrastructure Investment and Jobs Act into law on Monday, November 15, 2021. While the bill primarily focuses on the nation’s physical infrastructure, small business owners need to know what it means for them.  The most significant impact for small businesses may be the Employee Retention Tax Credit ending, which was […]
Read more
On November 4, the White House announced that OSHA is issuing a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that applies to employers with 100 or more employees (covered employers*). Below are answers to questions you might have about the OSHA vaccine mandate as an employer.  Please note that a federal appeals court temporarily […]
Read more
On September 9, 2021, President Biden announced his action plan to fight the continued effects of the COVID-19 pandemic. The vaccine mandates outlined in the plan directly affect many employers, including businesses in the healthcare field or those with 100 or more employees. The safety requirements will be enforced by the Department of Labor and […]
Read more
Did you know partnering with a professional employer organization (PEO) can lower your company’s risk?  There are plenty of ways a PEO can take the burden of compliance off your plate to focus on company goals, attracting top talent, and being an employer of choice among competitors.  Here are some notable benefits of partnering with […]
Read more
After multiple delays, Texas officially released its new, increased SUTA rates, creating additional tax payments for many companies. While SUTA rate notices typically occur at the end of each year, many were delayed due to COVID-19. With unprecedented unemployment claims, state unemployment funds were depleted quickly. This rise in unemployment also affected the state SUTA […]
Read more
Minimum wages across many cities and a handful of states will increase on July 1, 2021. As a reminder, when state law differs from federal law, employers must use the one that benefits the employee the most. For example, if a state’s minimum wage is higher than the $7.25 federal minimum wage, it must be […]
Read more
There are many new or updated state laws or employers that will go into effect on July 1, 2021. If your state has an update, you’ll find it below. As with any other regulation, laws are subject to last-minute changes, visit the Department of Labor online for more info. You can also find minimum wage […]
Read more
Under the OSHA Act, employers are responsible for providing a safe work environment, free from hazards that can cause serious harm. On June 10, 2021, the Department of Labor (DOL) along with the Occupational Safety and Health Administration (OSHA) posted new guidance to protect at-risk and unvaccinated employees from COVID-19 in the workplace.  Requirements Part […]
Read more
In the US, cyber-attacks happen as often as every 39 seconds. As technology becomes more integrated into our personal and professional lives, prioritizing cybersecurity measures is critical.  Unfortunately, PrismHR, one of Nextep’s technology partners, was recently targeted by one of these threat actors, leading to a disruption in service for portions of Nextep’s online account. One […]
Read more
On Thursday, March 11, President Biden signed a new stimulus relief package, known as the American Rescue Plan, into law. The $1.9 trillion stimulus package is geared to boost the economy and help provide wider access to COVID-19 vaccinations in an effort to curb the effects of the ongoing pandemic.  This is the third stimulus package […]
Read more
It’s more critical than ever to make sure your business has a stable foundation. Businesses must be able to adjust to unforeseen circumstances and keep a solid financial footing through hard times. Here are 4 ways a PEO can help your business have more financial stability and weather trying times: PEO + OVERALL COST SAVINGS […]
Read more

Download Our App