OSHA’S Vaccine and Testing Standards for Employers

Businesses with 100 employees or more must comply with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS). To meet the requirements of the ETS, employers must either:

  1. Establish a mandatory COVID-19 vaccination policy, OR
  2. Adopt a policy requiring employees to get vaccinated or have them get regular COVID-19 testing and wear a face covering at work instead of getting vaccinated.

As a trusted voice in the business community, please share this information with as many employers as possible to help them understand and meet this federal requirement.

Federal Guidance

On Dec. 18, 2021, OSHA released new guidance for the ETS after the 6th U.S. Circuit Court of Appeals lifted the stay on the standard.

OSHA will not enforce any requirements under the ETS until Jan. 10, 2022. Additionally, the agency will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, 2022, so long as an employer is exercising responsible, good faith efforts to meet the standard. Federal guidance states that employers can mandate vaccinations for staff. To support vaccinations, the Pennsylvania Department of Health (PADOH) will continue to oversee a Commonwealth-wide vaccination program, and employers are invited to refer any staff seeking vaccination to one of the hundreds of Pennsylvania clinics providing vaccines.

Readiness Guide for Pennsylvania Employers

The Pennsylvania Department of Health has prepared a Readiness Guide for Pennsylvania Employers about the OSHA ETS. In the guide you will find detailed information about:

  • Vaccinating employees
  • Testing employees
  • Support from the PA Department of Health
  • List of U.S. employers with vaccine mandates
  • Information on differences in NAAT and Antigen Tests

Questions?

If you have questions related to the OSHA ETS on COVID-19 vaccination and testing, visit the OSHA website or reference the Frequently Asked Questions.