The U.S. Department of Labor today issued emergency Covid-19 testing and vaccination rules for companies with more than 100 employees.
The federal agency said in a news release that, “The nation’s unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.” The emergency temporary standards are designed to protect more than 84 million workers from the spread of the coronavirus.
The new rules do not require employers to pay for testing, although they may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements or other collectively negotiated agreements. Employers are also not required to pay for face coverings, according to the Labor Department.
Rules Effective Immediately
The rules are effective immediately upon publication in the Federal Register. Employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days (January 4, 2022) of publication.
Requirements For Employers
The Labor Department said that, “Under this standard, covered employers must develop, implement and enforce a mandatory Covid-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular Covid-19 testing and wear a face covering at work.”
The agency explained that the emergency temporary standard (ETS) covers employers with 100 or more employees— firm or company-wide—and provides options for compliance. The ETS also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.”
The ETS also requires employers to do the following:
Vaccination Status
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.
Prompt Notice
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.
Testing
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).
Face Coverings
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.
Impact On Employers
Increased Labor Shortages
Rik Mehta is a former FDA official and now a Georgetown University healthcare professor. He predicted the Biden administration’s mandatory vaccine rules “will likely exacerbate an already massive labor shortage with many more employees leaving the corporate workforce [and] resulting in increased supply chain shortages leading into the holiday months.”
Remote And Outdoor Workers
Roger Feicht, a labor and employment attorney with Gunster, said, “Importantly, the ETS does not require compliance for employees while working from home or employees who work exclusively outdoors. Employers should also be prepared to respond to requests for accommodation for disabilities or sincerely held religious beliefs.
“While various states and other government officials have signaled an intent to challenge the ETS in the court system, the law remains in effect until a court orders otherwise,” he said.
Help For Companies
OSHA is offering compliance assistance to help businesses implement the standard, including a webinar, frequently asked questions and other compliance materials.
“Covid-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” said U.S. Labor Secretary Marty Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of Covid-19. Many businesses understand the benefits of having their workers vaccinated against Covid-19, and we expect many will be pleased to see this OSHA rule go into effect.”
Advice For Business Leaders
Survey Employees Now
Angelo Filippi is a partner in the employment and labor law division of Kelly Kronenberg Law. He recommended that employers, “ should immediately survey employees as to their vaccination status. This will aid employers in determining whether to implement a testing policy. If a significant percentage of employees are unvaccinated, monitoring weekly testing may become too difficult and unwieldy.”
Develop Procedures
“In crafting policies to implement the ETS, employers should also develop procedures to deal with employees who request to opt out of the vaccine and/or masking mandates based on religious or medical or medical reasons,” he advised.
Communicate Clearly
Filippi counseled that, “Clear and prompt communication to employees regarding the ETS and the company’s implementation plan should occur immediately in order for the company to be in compliance at the expiration of the 30 day period. Employers may need to reconsider leave and/or remote work policies and procedures in order to ensure a smooth transition.”
"emergency" - Google News
November 04, 2021 at 10:33PM
https://ift.tt/3q7hWws
Labor Department Announces Emergency Covid Vaccine And Testing Rules For Employers - Forbes
"emergency" - Google News
https://ift.tt/2VVGGYQ
https://ift.tt/3d7MC6X
emergency
Bagikan Berita Ini
0 Response to "Labor Department Announces Emergency Covid Vaccine And Testing Rules For Employers - Forbes"
Post a Comment