OSHA “ETS” for Workplace Covid Compliance Effective January 10th, 2022

I took this from the OSHA Website. Read Closely.

OSHA 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 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. OSHA will work closely with the regulated community to provide compliance assistance.

Here is what this means for you. If you want to be in the best possible place regarding compliance adopt a policy which closely mirrors the OSHA requirements. I have drafted such a policy. Because this is a complicated issue, it is a 7 page version with procedures included to guide you to that safe place you want to find yourself in if this becomes an enforcement issue.

Exceptions do exist regarding employee count, those that work from home or outdoors; etc. It has become complicated.

Enforcement could be CFPB, OSHA, or our state regulators if delegated to them by the federal agencies.

Because of the development effort this policy requires a fee of $250. You may pay the fee at this link, and your policy will be emailed to you same day. I used “blue box” form fill protocol so it will be easy for you to complete.


Any questions? Email me at nl@lockelaw.us and use the word OSHA in the subject line.

Nelson A. Locke, Esq.

(800) 656-4584


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