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OSHA Sets Jan. 4 Deadline for Business Vaccine Policies

Compliance Week

The Occupational Safety and Health Administration (OSHA) announced the new emergency temporary standard (ETS) is meant to “protect more than 84 million workers from the spread of the coronavirus on the job,” according to a news release.

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The 400-plus-page ETS document, which will be posted in the Federal Register on Friday, is the federal government’s attempt to preempt local and state laws that have banned vaccine mandates, most notably in Texas and Florida, said Mark Blondman, partner with Blank Rome.

“The ETS is meant to establish minimum requirements and intended to preempt inconsistent state and local requirements, including requirements that ban or limit an employer’s authority to require vaccination, face covering, or testing, regardless of the number of employees,” Blondman said.

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Employers are required to maintain a record of each employee’s vaccination status and must preserve acceptable proof of vaccination for each employee who is fully or partially vaccinated, Blondman said. The employer must maintain a roster of each employee’s vaccination status, and the record and roster must be treated as confidential medical records.

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“OSHA Sets Jan. 4 Deadline for Business Vaccine Policies,” by Aaron Nicodemus was published in Compliance Week on November 4, 2021. This story was updated in Compliance Week on November 17, 2021, at OSHA Halts Implementation of Biden Vaccine Policy.