LOC News
U.S. Department of Labor Releases Emergency COVID Rules
The federal Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor (DOL), has published a new Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure their workforce is either vaccinated or regularly tested. Many national media reports have indicated the ETS applies to private sector employers, which is not correct in Oregon or other states and territories with federally approved OSHA plans.
The ETS also requires employers to do the following:
- 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.
- 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.
- 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).
- 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.
- Provide paid time off to workers to get vaccinated and recover from the shot.
Oregon OSHA (OR-OSHA) will have 30 days to submit the state plan that meets or exceeds the federal standard 30 days after publication on December 5. Oregon’s plan could differ significantly from the federal guidelines and will need to address issues such as the definition of “employee” for purpose of the rule and testing procedures.
The LOC is working with OR-OSHA to provide a webinar or other meeting to address concerns and answer questions and the U.S. DOL has issued an FAQ and compliance guides as resources.
Contact: Scott Winkels, Lobbyist - swinkels@orcities.org
Last Updated 11/5/21