Many businesses will choose to reference OSHAРІР‚в„ўs ETS when implementing their own standards for vaccine management and COVID testing. Boosting confidence in their workplace safety, thereby encouraging employees to return to the office.Reducing illness-related business interruptions and downtime (costly shutdowns, loss of key personnel due to outbreaks, etc.).Minimizing the risk of infection in the workplace.Demonstrating to your workforce that you care about their health and safety.Some of the possible gains of adopting the proposals include:

A solution that seeks to stabilize operations, ensure health and safety, and bring back normalcy should be embraced. The pandemic has crippled industries, with some businesses completely wiped out. What Does This Mean for Me in 2022?Р”Вespite the federal stay, businesses stand to benefit immensely after implementing the ETS proposals. However, itРІР‚в„ўs not black-and-white for business leaders looking to ensure a safe workplace. This weekРІР‚в„ўs ruling from the Court ends the two-month-plus debate over OSHAРІР‚в„ўs initial proposal. January 13, 2022: Supreme Court Rules Against Federal ETS Following the new development, OSHA published new compliance dates for covered employers to implement the standards, previously set to take effect on January 10, 2022, with testing for unvaccinated employees to begin on February 9, 2022. Several weeks later, the 6th Circuit lifted the stay and reinstated the ETS. December 17, 2021: 6th Circuit Lifted Stay and Reinstated the ETS Other similar petitions were filed, and after consolidation, they were moved to the 6th Circuit. The court ordered OSHA to suspend implementation of the standards. On November 12, the 5th Circuit reaffirmed its suspension, criticizing the scope of the ETS. November 12, 2021: Second Suspension by the 5th Circuit The petitioners argued that OSHA overstepped its mandate by imposing the requirements on private employers. On November 6, 2021, the 5th Circuit suspended the ETS after a petition opposing the directive. November 6, 2021: Initial Suspension by 5th Circuit In addition, OSHA required the employers to implement the standard for up to 6 months. The stayed ETS was to take effect on December 5, 2021, and the testing would begin on January 4, 2022.

Providing paid leave to workers to get vaccinated and recover from any side effects of the vaccination.

Reporting work-related COVID-19 hospitalization within 24 hours and fatalities within 8 hours of receiving the information.

Removing employees who test positive for COVID-19 from the workplace immediately until they test negative and meet CDCРІР‚в„ўs return to work criteria.

Requiring unvaccinated employees to wear face masks when indoors or in a vehicle with another colleague.Ensuring their unvaccinated workers get tested weekly and provide a report of their test results.Requiring employees to provide a report of their vaccination status and maintain the records.The initial proposal included many requirements from employers, including: The standards required private-sector employers with at least 100 employees to mandate that the employees be fully vaccinated or perform weekly testing. In November 2021, OSHA issued the initial ETS proposal. Petitions led to the issuance of a stay, which the 6th Circuit lifted before the Supreme CourtРІР‚в„ўs latest issuance of the stay.Р”В«elow is the sequence of the developments so far. Since OSHA first announced the standard towards the end of 2021, there have been rapid developments. While the federal ETS has been lifted, some states, industries, and organizations are likely to enact their own stipulations, which raises an important question - now that the OSHA ETS has been lifted, what does it mean for my business in 2022? Companies with Vaccine and/or Testing Mandates However, the ruling also leaves businesses wondering how they can still ensure a safe workplace and protect their workers. There is finally certainty around the proposed ETS that has been presenting challenges to large business owners since November 2021. While OSHA does have the ability to set workplace safety standards, the Court found the ETS to go beyond that scope as it presented a РІР‚Сљsignificant encroachment into the lives - and health - of a vast number of employees.РІР‚Сњ Per the Court, the decision was enacted in part to limit OSHAРІР‚в„ўs power over the entire workforce. The Supreme Court ended a two-month battle on Thursday, January 13 when it stayed OSHAРІР‚в„ўs Emergency Temporary Standard (ETS).

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