OSHA Emergency Temporary Standard Update

The wave of Coronavirus has changed the workplace as we know it. Not only did businesses have to navigate work from home and the remote world,  but now businesses are navigating vaccination mandates. Proposed in November, the ETS (Emergency Temporary Standard) mandate was created to reduce the spread of COVID-19. Employees were to provide proof of vaccination or self-attest. Regardless, employees must keep records of both vaccines and self-attest statuses.

As of January 26, 2022, the ETS Mandate was struck down by the Federal Government.

The U.S. Department of Labor’s OSH Administration is withdrawing the vaccination and ETS standard issued on Nov. 5, 2021 to protect unvaccinated employees of employers with 100+ employees from workplace exposure to coronavirus. The withdrawal is effective January 26, 2022.

Source: https://www.osha.gov/coronavirus/ets2

ETS Mandate Struck Down Federally, Companies Still at Risk

We’ve seen it happen before from marijuana to women’s rights: Just because Federal Law made a decision, doesn’t mean it’s the same across the board from state to state. This holds true with the OSHA ETS. Many states are enacting their own guidelines and businesses must fall into line. How can the ETS Mandate still impact your state? States can choose to enforce the OSHA General Duty Clause. In summary, the clause states that employers have to protect employees from any and all workplace hazards. In definition, an environment that does not require vaccination records can be considered a workplace hazard.

It may seem like a stretch. However, it’s already happening.

Businesses can face fines over $13,000 per incident/violation.

What is OSHA Looking for?

There are 5 core steps businesses and organizations can take to navigate ETS and avoid costly fines. If inspectors walk through the door, they’ll be looking for:

  1. A “Good Faith” Effort by Company Leadership
  2. Systems in place to track vaccinations, testing results, and contact tracing
  3. Safety manual/written programs
  4. Signage around the facilities
  5. Personal Protective Equipment (PPE)

How to Prepare for OSHA Emergency Temporary Standards

As mentioned, OSHA is looking for a “Good Faith” effort by the leadership team. In other words, it needs to be clear that the virus is being taken seriously and effort is made to contain and prevent outbreaks. The Compliance Edge creates a Get COVID Compliant Package for our clients to navigate the ETS.

Our Number One Rule: Don’t be interesting to OSHA.

Once on-site, what else is a CSHO going to find? They’re not going to just check vaccinations and turn a blind eye to the lack of fall protection. CE prepares you for the entirety of an inspection.

Get COVID Compliant

  • Risk Assessment
  • Mock OSHA Inspection
  • COVID/Infectious Disease Program Development
  • EHS Insight Software Platform

With our COVID Compliant Package, the Compliance Edge provides peace of mind along with extreme efficiency and compliance. CE partners with EHS Insight so clients can effortlessly track vaccinations and test results. Avoid willful violations and hefty fines with Risk assessments, Mock Inspections, and program development.


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