An update on vaccination mandates

On Nov. 5, The Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard regarding COVID-19 vaccination. Under the new standard, large businesses that employ 100 or more employees are required to support COVID-19 vaccination.

Specifically, companies that qualify must “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.” Though the situation is currently evolving, we’ve published a summary matrix that highlights some of the key points.

Let’s take a closer look at some of the key highlights:

1) Who does the vaccine mandate apply to? The Emergency Temporary Standard applies to employers with 100 or more employees. This rule does not apply to 100% remote workers, outdoor workers or solo workers without a customer contract.

2) Who enforces the Emergency Temporary Standard? OSHA is responsible for enforcing the new mandate.

3) What do my employees need to do to comply? To comply with The Emergency Temporary Standard, all employees must receive the COVID-19 vaccination and submit their vaccination card to the human resources department. As a business owner, it’s your job to keep copies of vaccination confirmation on site.

4) Do employers have to create a policy or a plan? Yes. To avoid fines or penalties, you must establish an official policy and educate your employees on compliance. You must also provide team members access to the OSHA document “Key things about the vaccine” and alert them to the consequences of forging or falsifying their vaccination documents.

5) Does The Emergency Temporary Standard discuss mask-wearing? Yes. Any employee who is not fully vaccinated against COVID-19 is required to wear a mask and physically distance if they’re inside. They must also wear a mask if they’re riding in a work vehicle with a co-worker.

6) Are there any alternatives to getting the COVID-19 vaccine? Under the current policy, employees have the option to submit a negative COVID-19 test if they’re unvaccinated. Still, everyone is encouraged to get vaccinated.

Right now, AGC of Washington is working to set up meetings with the Governor’s Office and the Department of Labor and Industries, to determine what (if any) changes will occur once the rule takes effect here. When those discussions are finalized, we’ll schedule a town meeting to assist our members and member firms in navigating the new framework. For more information, click here.