OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard Policies

Under OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), employers are required to develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead establish, implement, and enforce a policy allowing employees to elect either to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering at the workplace. To assist employers in meeting this requirement, OSHA has provided two (2) sample policies for employers to adapt to their organization:

• Mandatory Vaccination Sample Policy
• Vaccination or Testing and Face Covering Sample Policy

According to an OSHA update, the agency "will not issue citations for noncompliance with any requirements of the ETS before Jan. 10, 2022, and will not issue citations for noncompliance with the standard's testing requirements before Feb. 9, 2022, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard." Due to the upcoming enforcement deadline, HR Partners recommends employers prepare and implement the policy that represents the employer’s chosen method of compliance.

If you would like assistance in reviewing your organization’s policy, please contact HR Partners at 785-233-7860.