MCAA Offers Materials to Prepare You for OSHA’s ETS on COVID-19: Prepared 12/22/21

The Occupational Safety & Health Administration (OSHA) will begin enforcement of its Emergency Temporary Standard (ETS) on vaccine mandates in early 2022 barring an emergency stay from the Supreme Court of the United States (SCOTUS). MCAA’s Safety Bulletin on the ETS, the MCAA Model COVID-19 Mandatory-Vaccination Policy, and NEW MCAA Model COVID-19 Vaccination, Testing and Face Covering Policy outline what needs to be done to be compliant with the ETS.

It is important for all MCAA members to begin making every possible attempt to comply with the standard, and carefully document every part of every attempt made to comply.

MCAA offers three items, available via the buttons below, that may be useful to you:

• 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.

OSHA Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: testing

OSHA “will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

OSHA released the following statement:

“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”

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.