OSHA ETS Stay Lifted

On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay blocking OSHA from implementing and enforcing the Private Employer Emergency Temporary Standard (“ETS”).  OSHA has announced it will begin implementing and enforcing the requirements of the ETS with modified deadlines. This decision does not affect the national stay placed on the Federal Contractor mandate or the Missouri and Louisiana injunctions enjoining the CMS mandate in twenty-five (25) states, including Kansas.

Who must comply with OSHA’s ETS:

• The 100-employee threshold is based upon a company-wide headcount rather than the number of employees at a particular worksite. Employers should count all employees individually, whether they are full time, part time or working on a temporary basis.

• The ETS does not apply to workplaces covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors or in settings where employees provide healthcare services or healthcare support services subject to the requirements of the Healthcare ETS.

• The ETS also does not apply to employees who work remotely or employees who work exclusively outdoors.

Updated Deadlines:

• January 10, 2022: OSHA has announced that it will implement the ETS, but OSHA will not issue citations for non-compliance with any requirements of the ETS until January 10, 2022.
• February 9, 2022: OSHA will not issue citations for noncompliance with the ETS’ testing requirements before February 9, 2022, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the ETS.

Opponents of the ETS have petitioned the U.S. Supreme Court for review. HR Partners will continue to keep clients advised on new developments and updated guidance, as they are released.  Please do not hesitate to contact us regarding the ETS, COVID-19, or any other HR-related issues.