Federal law gives OSHA the authority to issue an emergency temporary standard if it determines workers are exposed to a “grave danger” that necessitates a rule. So, employers with over 100 employees must develop, implement, and enforce a mandatory COVID-19 vaccination policy with an exception for employers that instead adopt a policy requiring employees to either get vaccinated, or to elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.
Deadline
If the emergency standard holds, there are two compliance due dates for affected employers.
Part One: December 6, 2021
Part Two: January 2, 2022
Part One Employer Requirements
- Establish an official written vaccination policy with specific data elements. A model notice can be provided to employers through your Parrott representative.
- Determine the vaccination status of each employee, obtain acceptable proof of vaccination and maintain records and a roster of employee vaccination status.
- Give each employee, in a language and at a literacy level the employee understands, the following:
- The requirements of the new standard and the specific policies and procedures the company has
adopted to implement the federal requirements - The CDC document “Key Things to Know About COVID-19 Vaccines.”
- Provide an OSHA FAQ that details Workers Rights
- OSHA FAQ: Information for Employees on Penalties for False Statements and Records
- The requirements of the new standard and the specific policies and procedures the company has
- Provide employees with four (4) hours of paid leave to get their first and/or second vaccine doses
- Require employees to promptly provide notice of positive COVID-19 test or diagnosis to the employer
- Remove any employee who received a positive COVID-19 test or diagnosis from the physical workplace (employees who test positive may continue to work remotely)
- Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes
- Report work-related COVD-19 fatalities to OSHA within eight (8) hours and work related COVID-19 in-patient hospitalizations within 24 hours
- Make certain vaccination-related records and policies available to employees, their representatives, and OSHA upon request.
Part Two Employer Requirements
- Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer)
- Record each COVID-19 test result that each employee provides and keep a record of the tests.
Penalties
OSHA will be the enforcing authority of this mandate. They will have the ability to cite and financially penalize employers for general non-compliance with all or specific aspects of this policy or cite employers for violations in particular instances. OSHA penalties are:
- $13,653 for each violation
- $136,532 for a willful or repeated violation
SOURCE: OSHA Employer Vaccine Regulation
