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Update on COVID-19 Vaccination and Testing ETS

Posted: Jan 13, 2022 | Author: OSHA
compliance  COVID-19  COVID-19 Vaccine  OSHA 

Litigation Update (1/11/2022)

The Occupational Safety and Health Administration is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before Jan. 10 and will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, so long as an employer is exercising reasonable, good-faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.

Additional information: Statement on the Status of the OSHA COVID-19 Healthcare ETS

(Editor’s Note: For additional information, see CU PolicyPro Policy #1516 “COVID-19 Vaccination, Testing, and Face Covering Policy”)

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