• Skip to primary navigation
  • Skip to main content
MP Logo

MP

Wired for HR

  • Our Solutions
    • Payroll
    • HR
    • Time & Attendance
    • Benefits Administration
    • Recruiting
    • Talent Management
    • Training/LMS
    • Employee Retention Tax Credit (ERC)
  • ERC
  • Partners
    • CPAs
    • Brokers
    • Private Equity
    • Financial Advisors
  • Resources
    • Webinars & Events
    • eBooks
    • HR Blog
    • MP Briefs
    • Infographics and Checklists
    • MA PFML
    • COVID-19
  • About MP
    • Why MP
    • Testimonials
  • Careers
    • Job Listings
    • Company Culture
  • Request a Demo
  • Log In
  • Contact
    • Contact Sales
    • Client Support
  • Contact
    • Client Support
    • Contact Sales
  • Log In
  • Request a Demo

by

Do the OSHA COVID Vaccine Mandates ETS Apply to Your Company?

November 22nd, 2021
  • Share on Twitter Share on Twitter
  • Share on Facebook Share on Facebook
  • Share on LinkedIn Share on LinkedIn
  • Share via Email Share via Email
Do the OSHA COVID Vaccine Mandates ETS Apply to Your Company?


Please note: On Saturday, November 6, the Fifth Circuit Court of Appeals placed a temporary hold on the OSHA Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees. The current ruling is temporary, but there are likely to be updates soon. MP will update our materials accordingly. In the interim, our HR services experts recommend employers continue to prepare in case these deadlines are upheld.




Employers who are keeping up to date on the COVID vaccine mandates may be confused about whether they’re covered by OSHA’s recent Emergency Temporary Standard (ETS). Workplaces covered by the ETS must create and enforce employee policies that require either COVID vaccination or weekly COVID testing. (Of course, to remain ADA compliant, policies must allow employees to request medical exceptions, as well as religious exceptions.) MP’s HR compliance experts share two considerations to assist employers in determining if they need to meet the ETS’s HR and compliance requirements.

1. Employer size

OSHA’s ETS covers employers with 100 or more employees. Employers have had many questions about how to determine their employee count. They must include these employees:

  • Part-time
  • Full-time
  • Remote
  • Hybrid-remote
  • Seasonal
  • Temporary employees not obtained from a staffing agency
  • Union employees

Note that employers may be covered because they have over 100 employees. However, it’s possible some (or even all) of their employees won’t be required to get vaccinated or test for COVID weekly. Even if employees are included in the 100 count, they may be exempted from the ETS requirements.

2. Exemptions

Some employers may not be covered by OSHA’s ETS, even if they have 100 or more employees. This is because they are required to meet other COVID vaccine mandate regulations. Two specific groups must comply with their own COVID safety requirements:

  • Employers covered by the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors
  • Employers covered by the Healthcare ETS

Employers who fall under these two categories are required to meet the (more stringent) stipulations and deadlines set by the Healthcare ETS and the Safer Federal Workforce Task Force COVID-19 Workplace Safety guidelines.


Aside from employers, specific categories of employees may be exempt from the requirements of OSHA’s ETS:

  • Employees who work alone— these employees have no (in-person) contact with coworkers, clients, or customers during their workday
  • Employees who work from home exclusively
  • Employees who work outdoors exclusively

Employers must carry out the requirements of the ETS if they have over 100 employees, even some staff are exempt from the ETS requirements because they work from home, work outside, etc. Employees who report to the office or workplace and have contact with coworkers, clients, etc., must be vaccinated or get tested weekly for COVID and wear a mask in the office.


Employers OSHA’s ETS doesn’t cover

There are employers that don’t fall into the below categories:

  • Employers with 100 or more employees covered by OSHA’s ETS
  • Employers covered by the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors
  • Employers covered by the Healthcare ETS

These employers are not subject to the requirements of the COVID vaccine mandates. Employers not subject to the vaccine mandates may reduce risk and exposure by simply encouraging vaccination and masking in the workplace (rather than mandating it). Some employers that aren’t subject to the COVID vaccine mandates may choose to develop mandatory COVID vaccination or testing policies for their employee handbooks anyways. These employers should work with an employment attorney and HR services experts (such as MP’s).


Related Posts

3 Ways an ERC Credit Helps Restaurants Overcome Challenges

3 Ways an ERC Credit Helps Restaurants Overcome Challenges

Top Industries Qualifying for the Employee Retention Credit in 2022

Top Industries Qualifying for the Employee Retention Credit in 2022


Recent Posts

  • 2023 Pay Transparency Law: 4 Steps for Employers
  • Wrongful Termination Lawsuits: 8 Steps for Prevention, Part 2
  • Wrongful Termination Lawsuits: 8 Steps for Prevention, Part 1
  • ACA Reporting: Key Updates [Infographic]
  • 2023 Employee Retention: 7 Key Strategies

Categories

  • ACA (5)
  • BizFeed (6)
  • Business Strategy (118)
  • COBRA (5)
  • Compliance (120)
  • COVID-19 (93)
  • Diversity (12)
  • eBooks (19)
  • Employee Engagement (32)
  • Employee Handbooks (24)
  • ERTC (29)
  • FFCRA (7)
  • HR (261)
  • MP Insider (13)
  • Payroll (64)
  • PFML (9)
  • PPP (24)
  • PTO (5)
  • Recruiting (45)
  • Remote Work (39)
  • Return to Work (33)
  • Unemployment (1)
  • Wellness (21)

Archives

  • May 2023
  • April 2023
  • March 2023
  • January 2023
  • December 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
Request a Demo

Filed Under: Business Strategy, Compliance, COVID-19, HR Tagged With: Employee Policies, HR Services, Latest HR Updates


MP

Follow us

LinkedIn
Facebook
Twitter
Instagram

Log In

Request a Demo

Our Solutions

Payroll
HR
Time & Attendance
Benefits Administration
Recruiting
Talent Management
Training / LMS
Employee Retention Tax Credit

Resources

Webinars
eBooks
HR Blog
Morning Mindset Podcast
COVID-19
NCS Background Screening

Company

Partners
About MP
Testimonials
Why MP
Careers
Company Culture
PressRoom

Contact Us

Contact Sales
Client Support
(978)-998-6896

Copyright © 2023 MassPay, Inc All Rights Reserved
Privacy Policy | Terms of Use | Sitemap