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OSHA COVID-19 ETS: Face Covering Requirements

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a COVID-19 vaccination and testing emergency temporary standard (ETS) to address the grave danger of COVID-19 infection in the workplace. Affected employers will be required to comply with most provisions of the ETS by Dec. 6, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees (firmwide or companywide count).

On Nov. 6, 2021, the 5th Circuit Court of Appeals ordered a stay on the ETS, effectively blocking its enforcement until a final decision is published regarding the validity of this rule.

Current regulations require employees that are not fully vaccinated to wear a face-covering while working indoors or when occupying a vehicle with another person for work purposes. Exceptions to this requirement include:

  • When an employee is alone in a room with floor to ceilings windows and a closed door;
  • While the employee is eating or drinking at the workplace;
  • For identification purposes in compliance with safety and security requirements; and
  • When an employee is wearing a respirator or face mask in accordance with other OSHA regulations.

Continue reading this SSG Compliance Advisor that covers the face-covering requirements that are required for employers in workplaces with 100 or more employees.


ACTION STEPS

Employers should review, understand and implement the requirements for face coverings in the workplace. Employers should also include these requirements in their written policies. 

IMPORTANT DATES

Nov. 5, 2021
ETS effective date.

Dec. 6, 2021
Compliance date for most ETS provisions.

Jan. 4, 2022
Effective date for ETS testing requirement.