On November 4, 2021, OSHA issued its Emergency Temporary Standard (ETS) requiring COVID-19 vaccinations or weekly testing for covered workers at most companies with 100 or more employees. Warner’s Labor and Employment Practice Group issued details on the standard here and the expectations set forth by OSHA for covered employers to:
- Adopt written mandatory vaccination policies for their workplaces; or
- Adopt written policies to allow employees to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.
At least one of the policies is necessary for employers to comply with the OSHA ETS. Although covered employers can alternatively implement partial vaccination policies which apply to only a portion of their workforce while implementing a separate policy that allows testing/face mask obligations in lieu of vaccination for another subset of employees – ALL employees must be covered by compliant policies.
The standard took effect on Friday, Nov. 5, 2021, and – excluding its testing requirements – employers must begin to comply with the ETS by December 6, 2021.
Although the Fifth Circuit Court of Appeals has issued a stay which currently prevents the ETS from being implemented, it remains unclear whether the stay will remain in effect. Understanding the pressure employers are under to design and implement these policies, Warner’s Labor and Employment Practice Group has created a comprehensive package of templates to ensure your compliance with the ETS. The templates package includes:
- A policy mandating vaccination or requiring either vaccination or weekly testing and face covering.
- Religious and medical accommodation forms.
- A COVID-19 vaccination attestation form.
- An employee vaccination roster.
If you are interested in purchasing the templates for a fixed price of $500.00, please contact your Warner attorney or Amanda Fielder.