Arguments for the Emergency Temporary Standard are scheduled to be held today, January 6, 2022 in the Supreme Court. As of right now OSHA believes that the standard will be upheld and will go into effect on January 10, 2022.
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 January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.
More information is available on OSHA’s Vaccination and Testing ETS webpage, which includes a pre-recorded webinar with slides on the ETS, and an FAQ page:
Click below for OSHA’s guidance on the Roles of Employers and Workers in Responding to COVID-19:
OSHA has also provided two sample plan templates that companies can use (in docx format):
GBCA also has a webinar walking through the ETS that is free for members.
