[Update: On November 6, 2021, the United States Court of Appeals for the Fifth Circuit blocked the implementation of the OSHA Emergency Temporary Standard (ETS) that would require employers with 100 or more employee to implement a mandatory COVID-19 or weekly testing employees. Our update on the court’s ruling is here.]
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued the Emergency Temporary Standard (ETS) that implements the Biden Administration’s COVID-19 vaccine mandate for large employers: employers with 100 or more employees. The OSHA ETS will be published in the Federal Register and becomes effective, November 5, 2021. Employer obligations begin on December 5, 2021. Below is a brief overview of the OSHA ETS and what this could mean for California employers.
1. OSHA ETS vaccine mandate.
The OSHA ETS required covered employers (employers with 100 or more employees) to ensure all employees have been vaccinated by January 4, 2022. Employees who have not received all necessary shots to be vaccinated must be tested on at least a weekly basis. Should an employee test positive, they will need to be removed from the workplace. All unvaccinated employees are required to wear face masks in the workplace.
2. Employers are required to pay for time for employees to obtain vaccine.
Starting December 5, 2021, employers are required under the ETS to provide “reasonable time” to each employee during work hours for each of their primary vaccination...
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