US Department of Labor Issues Emergency Temporary Standard to Protect Workers from Coronavirus

The U.S. Department of Labor's Occupational Safety and Health administration announced today, Thursday, November 4, that it would be putting in place an emergency temporary standard (ETS) to protect vaccinated and unvaccinated workers alike. The standard applies to businesses of 100 or more employees. 

Applicable employers are required to develop, implement, and enforce a mandatory COVID-19 vaccination policy, or opt to require employees to choose vaccination, or regularly undergoing COVID-19 testing and wear a mask at all times while in the workplace. The ETS also requires employers paid time off to get vaccinated and recover from any side effects as a result. 

According to a press release from the New York Department of Labor, the ETS will also require the following from employers:

" – Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status. 

– Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.

– Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).

– Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes."

Employers will not be required to pay for testing for employees, or for face coverings for employees.