Update on OSHA’s ETS on COVID-19

January 10, 2022

Today is the first day the Occupational Safety & Health Administration (OSHA) can begin enforcement of the planning and record keeping mandates in its Emergency Temporary Standard (ETS) on vaccine mandates.

The Supreme Court of the United States (SCOTUS) heard oral arguments of the appeal on January 7, 2022, but has not reached a determination. Multiple Justices expressed doubt over OSHA’s claim on a “clear” basis for the vaccine ETS. While the Supreme Court could issue a decision at any time, we do anticipate it happening before February 10, 2022, the compliance deadline for testing.

In the meantime, MCAA has provided you with all the tools to help your company comply today.

Compliance Tools

  • MCAA’s Updated Bulletin on OSHA’s COVID-19 ETS – The only changes to the bulletin are the new enforcement dates. This bulletin is a simple reference document for you.
  • The original MCAA Model COVID-19 Mandatory Vaccination Policy – This policy is for companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.
  • The MCAA Model COVID-19 Vaccination, Testing and Face Covering Policy – This policy is for companies that require vaccines, or weekly testing and face covering use as an alternative to vaccines. It can also be easily tailored for use as your Mandatory Vaccination Policy for the companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.

A Simple Record Keeping Tool

Additionally, to support the planning and record keeping deadline, TYFOOM, a member of MCAA’s Manufacturer/Supplier Council (M/SC), created an automated, simple, and easy process to reach all employees on a regular basis with an ETS survey.

OSHA Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: Vaccines or Testing

Watch for Updates As They Occur

MCAA will be closely monitoring SCOTUS and OSHA developments related to this issue and will communicate updates as they occur. In the meantime, questions may be addressed to MCAA’s Raffi Elchemmas.

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