On January 13, 2022, the U.S. Supreme Court continued the injunction that prevents OSHA from enforcing its Emergency Temporary Standard requiring businesses with more than 100 employees to have a fully vaccinated workforce, with a weekly test-out option. This only applies for private employers with more than 100 employees. This case will return to the 6^th Circuit Court of Appeals, which may or may not take it up again. OSHA may attempt to issue a permanent standard in May 2022. So, while the February 9 compliance date no longer applies, stay tuned for updates.

However, the U.S. Supreme Court voted to allow the vaccine requirement for certain health care workers at hospitals, nursing homes and other facilities that participate in Medicare and Medicaid programs.

• The ETS requires covered employers to determine the vaccination status of each employee, obtain acceptable proof of vaccination status, and maintain records and a roster of each employee’s vaccination status.
• The ETS requires covered employers to support vaccination by providing employees reasonable time, including up to four hours of paid time at the employee’s regular rate of pay, to receive each vaccination dose, and reasonable time and paid sick leave to recover from any side effects experienced following each dose.
• The ETS requires covered employers to ensure that each employee who is not fully vaccinated is tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer)

We can help you manage your data, track documents and testing to be in compliance with the OSHA ETS. Reach out to Customer Service at customerservice@dominionpayroll.com.

OSHA Resources

• https://www.osha.gov/sites/default/files/publications/OSHA4159.pdf
• https://www.osha.gov/coronavirus/ets2/faqs