OSHA’s emergency temporary standard (ETS) is set to go into effect on Jan. 10.
Employers will need to have their COVID-19 testing or vaccination policy in place by then, including a written vaccination plan.
Although the U.S. Supreme Court will weigh in on the lawsuit against the ETS on Jan. 7, employment law attorneys strongly advise that businesses not wait until then to start planning.
“There’s just not enough time to get ready for the ETS if you don’t start now,” Julie Vanneman, an attorney with Dentons in Pittsburgh. said.
You should provide notices and start gathering vaccination information now, as well as get your written plan in place.
What should a written vaccination plan include?
According to OSHA, an effective and comprehensive policy should include the following information:
- Requirements for COVID-19 vaccination.
- Applicable exclusions from the written policy, such as medical contraindications, medical necessity requiring delay in vaccination, and reasonable accommodations for workers with disabilities or sincerely held religious beliefs.
- How confirmation of an employee’s vaccination status will be collected.
- Available paid time off and sick leave for vaccination purposes.
- The notification process for when employees test positive for COVID-19 and how to remove them from the workplace.
- How employees can access more information about the ETS, company policies, and vaccine safety and efficacy.
- What disciplinary action will be taken when employees do not follow the policy.
Written plans communicate standards and expectations to employees. OSHA stated that “having a comprehensive written policy will provide a solid foundation for an effective COVID-19 vaccination program, while making it easier for employers to inform employees about the program-related policies and procedures.”
Write your plan with these templates
OSHA provided two templates for your written vaccination plan.
One covers a vaccination mandate, while the other pertains to a testing and masking policy.
Follow the appropriate link to get started:
Mandatory Vaccination Policy Template
COVID-19 Vaccination, Testing and Face Covering Policy Template
While creating a plan with these templates, you should consider several points about your company policy:
- Decide whether vaccination is required, or if masking and weekly testing will be an option.Under the ETS employers may choose to make vaccination mandatory, but can also provide the alternative option of testing and masking.
According to OSHA, “Only employees who are not fully vaccinated are required to wear a face covering under the standard when indoors and when occupying a vehicle with another person for work purposes.” The agency also noted some exceptions, including for employees who are alone in an enclosed room, eating or drinking, or wearing a respirator. “However, the employer must not prevent any employee, regardless of vaccination status, from voluntarily wearing a face covering or face mask unless the employer can demonstrate that doing so would create a hazard,” OSHA explained.
- Decide if mandates will vary within the organization.
Some employers may want to mandate vaccination for only part of their workforce. For example, retail employees may want to require vaccination among customer-facing employees, while giving corporate employees the option to mask and test or work remotely. As a reminder, the ETS doesn’t fully apply to remote workers or those who solely work outside.
- Develop a process for reasonable accommodation requests.
Employees who are eligible for reasonable accommodation from vaccine mandates are still required to submit weekly COVID-19 testing. A reasonable accommodation may be made for those with a sincerely held religious belief, practice or observance that conflicts with the COVID-19 vaccination. If testing also has similar conflicts for an employee, employers should look to the anti-discrimination guidelines from the Equal Employment Opportunity Commission and state agencies when reviewing requests.
Once you complete your plan, the next step is to ensure that workers know how to access it.
You’re not required to submit your written vaccination plan to OSHA unless it’s requested.
***
About Worksite Medical
In most cases, OSHA requires medical surveillance testing, and at no cost to employees.
Worksite Medical makes that program easier with mobile medical testing.
We conduct on-site respirator fit tests, as well as audiometric exams, pulmonary function tests and heavy metal lab work, right on your job site. We also keep accurate, easy-to-access medical records for your convenience. You’ll keep your employees at work, and stay ahead of OSHA inspections.
With Worksite Medical, a mobile medical testing unit — we can bring all the resources of a lab to you. Our certified lab technicians can perform both qualitative and quantitative respirator tests to ensure a perfect fit.
Protect your team and your workplace now with Worksite Medical. Not sure what you need? Try our medical testing wizard here.
Give us a call at 1-844-622-8633, or complete the form below to schedule an on-site visit or to get your free quote!
