attest to their vaccination status (fully vaccinated or partially vaccinated); attest that they have lost or are otherwise unable to produce proof required by the standard; and, include the following language: I declare (or certify, verify, or state) that this statement about my vaccination status is true and accurate. No. 7.C. This includes requirements mandating that everyone wear face coverings in indoor spaces, such as businesses, government buildings, and schools, or that members of the public provide proof of vaccination or recent COVID-19 testing to enter restaurants, bars, or other public spaces. Photographs of test results are not a substitute for observation by the employer or an authorized telehealth proctor. As a best practice, the Guidance recommends that an employer Finally, employers should be on the lookout for additional If an employer knows that proof submitted by an employee is fraudulent, and even with this knowledge, accepts and maintains the fraudulent proof as a record of compliance with this ETS, the employer may be subject to the penalties in 18 U.S.C. OSHA will regard a federal agencys compliance with this requirement, and the related Safer Federal Workforce Task Force guidance issued under section 4(e) of Executive Order 13991 and section 2 of Executive Order 14043, as sufficient to meet the agencys obligation to comply with this ETS under Section 19 of the OSH Act and Executive Order 12196. The ETS establishes minimum requirements for employers. May employers remotely observe the self-administration of over-the-counter (OTC) tests via a live streaming video conference program, such as Zoom, Skype, or Microsoft Teams? whether an effective accommodation is available that would not pose "goeWkLI)Z0 @U may be relevant to sincerity, religious beliefs and adherence to rule or policy that conflicts with their sincerely held religious Therefore, employers would need to ensure employees continue to test weekly until 2 weeks after receiving their second dose. The ETS does not have a provision requiring notification alerts or contact tracing after an employee tests positive for COVID-19. Such a policy must require vaccination of all employees, other than those employees who fall into one of three categories: those for whom a vaccine is medically contraindicated, those for whom medical necessity requires a delay in vaccination, or those legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely held religious beliefs, practices, or observances that conflict with the vaccination requirement. David Ige in response to a sharp rise in coronavirus cases. David E. DeCosse (@DavidDeCosse) is the director of the Religious & Catholic Ethics and Campus Ethics programs at the Markkula Center for Applied Ethics. For example, if an employer has 200 employees, all of whom are vaccinated, that employer would be covered. Requiring employers to pay for vaccine administration is consistent with OSHAs normal approach of requiring employers to bear the costs of compliance with safety and health standards. Employers have three options for reporting work-related fatalities and in-patient hospitalizations to OSHA: Be prepared to provide: The employers business name; the name of the deceased or hospitalized employee; the time and location of the work-related incident (i.e., exposure) that led to the fatality or in-patient hospitalization, if known; the type of reportable event (i.e., fatality or in-patient hospitalization); a brief description of the incident; and the name and contact information of the employers designated contact person. If an employer conducts pooled testing for COVID-19, a positive pooled test result would trigger a need to immediately re-test those employees in the pool using an individual COVID-19 test because the positive pooled result would not satisfy the requirements of paragraph (g). An . ol{list-style-type: decimal;} In order to qualify as work performed exclusively outdoors, the following criteria must be met: The employees work must truly occur outdoors, which does not include buildings under construction where substantial portions of the structure are in place, such as walls and ceiling elements that would impede the natural flow of fresh air at the worksite. Section 11(c) of the OSH Act provides that an employer may not discharge or in any manner retaliate against an employee because the employee exercised any right under the OSH Act. Are employees who work exclusively outdoors counted? Operators are encouraged to consult with their own legal counsel before approving or denying an employee's request for an exemption from the vaccination requirement. F K However, even if employees receive a primary vaccination dose outside of work hours, employers must still afford them reasonable time and paid sick leave to recover from side effects that they experience during scheduled work time in accordance with paragraph (f)(2). The employee must work outdoors on all days (i.e., an employee who works indoors on some days and outdoors on other days would not be exempt from the requirements of this ETS). A New Mexico state senator will "help you articulate a religious exemption" by pointing to the decades-old use of aborted fetal cells in the development of some vaccines. Each request will be carefully reviewed according to the established guidelines and contraindications for approved COVID-19 vaccinations. Under federal law, employers have a lot of discretion in granting the requests. How can I sign up to participate in these educational events and opportunities? held religious beliefs. Independent contractors do not count towards the total number of employees. 4.H. OSHA will exercise enforcement discretion where CDCs isolation guidance has been updated and an employer is following the current updated guidance for return to work. 1.E. Once an employer has come within the scope of the ETS, the standard continues to apply for the remainder of the time the standard is in effect, regardless of fluctuations in the size of the employers workforce. The employer must inform each employee, in a language and at a literacy level the employee understands, about: In addition the information provided to employees must address: The manner in which employers provide the required information to employees may vary based on the size and type of workplace. However, the agency recognizes that where the employee or employer uses an off-site laboratory for testing, there may be delays beyond the employees or employers control. obtain a supporting statement from a religious leader or another member of their community who is familiar with the employee's belief system. Employers with existing policies must modify and/or update their current policies to incorporate any missing required elements, and must provide information on these new updates or modifications to all employees in accordance with paragraph (j)(1). mandates and accommodation, it does not answer them all. Each employee who has been partially or fully vaccinated should be able to provide one of the forms of acceptable proof listed above. However, the Guidance allows an employer to POLICY CMS Certified Health Care Staff Employees a.