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

It’s no surprise benefits are one of the top reasons for employees staying with a company or going elsewhere. The Society for Human Resource Management (SHRM) study shows that 36% of employees leave for better benefits. Employee retention can be daunting, but we’re here to break it down! Therefore, we’re talking today about benefits. We’ll look […]
Read more
In our employee retention series, we’ve talked about flexibility, employee growth, and diversity, equity, and inclusion (DEI). Now, let’s look at another topic that has a massive impact on attracting and retaining top talent: pay! The Great Resignation and the impacts of an ongoing pandemic have long-lasting effects. As a result, employees are evaluating their […]
Read more
Now is the time for employers to carefully review any arbitration or employment agreements they have in place. On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (HR 4445).  In cases of sexual assault or harassment in the workplace, many employers ask employees to sign arbitration […]
Read more
How often do you get the chance to expand beyond your current retention or recruiting strategies? It’s common for managers to get stuck in the daily work routine and overlook the growth opportunities their employees want. That neglect may mean a greater chance of talented employees leaving in the short run. Around 48% of employees […]
Read more
When employees can’t bring their whole self to work, they leave. Creating a diverse, equitable, and inclusive (DEI) workplace is imperative to increasing employee engagement and retention. Also vital: talking to your employees about it “Black and Hispanic workers are more likely than white workers to say they’re actively looking for new employment opportunities,” according […]
Read more
The Great Resignation: a term most leaders are probably tired of hearing but can’t ignore. So, instead, let’s talk about The Great Retention! We know tackling retention can be a daunting task, which is why we’re here to help you break it down and take it one step at a time.  The Great Resignation Retention […]
Read more
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

Download Our App