On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). IDOL will require all state and local public employers in Illinois to comply with ETS sections (d)-(l). IDOL’s peremptory rules do not apply to private businesses.
Under the ETS, covered employers “must establish, implement, and enforce a written mandatory vaccination policy.” Such policies must require each employee to be fully vaccinated, subject to accommodation for medical, disability, or religious reasons.
A covered employer is exempt from the mandatory written vaccination requirement only if the employer establishes, implements, and enforces a written policy requiring employees to choose either:
full vaccination against COVID-19; or
providing proof of regular testing for COVID-19 (every seven days for those who report to the workplace) and wearing a face covering.
Under the ETS, employers are not required to pay for COVID-19 testing, but they may be required to pay for such tests pursuant to other laws, regulations, or collective bargaining agreements. IDOL is currently reviewing the issue of whether employers must bear the costs of testing under the Illinois Wage Payment and Collection Act.
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