Page 9 - Boca ViewPointe - December '21

December 2021 Viewpointe, Page 9
OSHA Emergency Temporary Standard Re: COVID-19

On November 4, 2021, the U.S. Department of Labor’s acceptable proof of vaccination status from those staff that pay for the vaccine itself. For those employees who choose
Occupational Safety and Health Administration (“OSHA”) are vaccinated. not to be vaccinated, but instead submit to weekly testing,
issued an Emergency Temporary Standard (“ETS”) aimed -Create a protocol for testing for unvaccinated the expense of testing is borne by the employee, not the
at protecting workers from coronavirus. OSHA indicates employees, which requires testing for COVID-19 to occur employer. The ETS also does not apply to those employees
that this guidance will increase protections for more than 84 at least weekly. who work exclusively outside, remotely from their homes,
million private sector workers. The ETS covers employers -Require that employees who are not fully vaccinated or in workplaces with no other people.
with 100 or more employees-firm or companywide- and to wear facial coverings when indoors or in a vehicle with The ETS indicates that there will be a 30-day period
provides options for compliance. So, this is likely to affect another person. to for employers to put together their policies, survey the
many Country Clubs, as Country Clubs often employ their -Require employees to provide prompt notice of a workforce, and notify the employees of the policy. As such,
own staff as opposed to hiring a staffing or management positive COVID-19 test, and immediately remove that the deadline for employers to comply will be December 5,
company. It may also impact large condominium or employee from the workplace, regardless of vaccination 2021. There is a 60-day grace period before weekly testing
homeowners associations if they directly employ 100 or status, until they meet certain negative testing criteria. must begin. Thus, by January 4, 2022, all employees within
more people, or if their management company does and the In essence, the ETS requires all employees of covered covered employers will need to either be fully vaccinated or
association has an indemnity obligation in the management employers to become fully vaccinated, or else be required begin weekly testing. The ETS allows OSHA to “separately
agreement. The ETS, which is set to go into effect on to submit to weekly testing. The ETS requires covered cite employers for each instance of the employer’s failure to
November 5, 2021, requires covered employers to do the employers to provide paid leave for employees to get protect employees and for each affected employee, where
following: vaccinated (up to 4 hours) and an unspecified amount of paid appropriate.” Fines could amount to $14,000 per violation,
-Survey the workforce and determine the vaccination sick leave for employees to recover from side effects of the with the potential for multiple citations per business.
status of each employee, which includes obtaining vaccine. The ETS does not require covered employers to Violations that could lead to fines include not only failing
to implement the ETS requirements, but also knowingly
ª requests for accommodation for disabilities or sincerely
accepting fraudulent or falsified proof from employees.
Employers should also be prepared to respond to
held religious beliefs, as both are acceptable exemptions
to the ETS requirements. Country Clubs, and all covered
employers should immediately begin developing a plan to
Two Boca Raton Offices: 151 N. Ocean Blvd. • 21073 Powerline Rd. #63 effectively administer the policy, as well as keeping track of
the data required to be maintained by the program. Given the
“DEDICATED TO RESULTS” SOLD 7917 Travelers Tree Dr. expectation that some employees will oppose this program
at all costs, employers should anticipate a loss in the work
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program may have on employees by, for example, paying
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of this policy, including states, such as Florida, challenging
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However, until such time as there is a judicial decision to
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of Palm LA CORNICHE $635,000 under the requirement of the ETS. Should a Country Club or
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