CTA will host a webinar to review and discuss the changes with our members. We encourage your participation so you may have the most current information that will affect your business and employees. The association will announce the date of the webinar soon.
Below is a summary of the major changes:
Physical Distancing: Proposed ETS amendments eliminate physical distancing requirements regardless of vaccination status.
Exceptions:
Nothing in the proposed ETS amendments prevents employers from implementing additional protective measures than are required, including the use of physical distancing and barriers.
Employers are under an ongoing requirement to assess workplace hazards and implement controls to prevent transmission of disease. There may be circumstances in which employers determine that physical distancing is necessary in their workplace.
During an outbreak (3 or more employees in an exposed group), employers are required to evaluate whether physical distancing or barriers are necessary to control the transmission of COVID-19.
Physical distancing and barriers must be used in a major outbreak (20 or more employees in an exposed group) for all employees, regardless of vaccination status.
Respirators: An employer must provide respirators in two scenarios: (1) to any unvaccinated employee who works with others indoors or in a vehicle and who requests one and (2) where there is a major outbreak, to any employees in the exposed group for voluntary use. The respirator must be the right size, and the employee must receive basic instruction on how to get a good “seal,” or fit.
An employer may either stockpile respirators and offer them to workers or poll employees to determine which workers wish to be provided them before obtaining them. The ETS does not require an employer to stockpile respirators.
Face Coverings: Face coverings are required indoors and in vehicles for unvaccinated employees. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. Exceptions for unvaccinated employees include when alone in a room or a vehicle.
Vaccine Documentation: Vaccination status must be documented. The proposed revised ETS does not specify a particular method. The employer must have record of the vaccination status for any employee not wearing a face covering indoors and this record must be kept confidential.
Acceptable documentation includes:
Employees provide proof of vaccination (vaccine card, image of vaccine card or health care document showing vaccination status) and employer maintains a copy.
Employees provide proof of vaccination. The employer maintains a record of the employees who presented proof, but not the vaccine record itself.
Employees self-attest to vaccination status and employer maintains a record of who self-attests.
If an employee declines showing documentation, they must be treated as an unvaccinated employee.
Testing: An employer must offer testing at no cost during paid time to:
Symptomatic unvaccinated employees, regardless of whether there is a known exposure. This is a new requirement.
Unvaccinated employees after an exposure.
Vaccinated employees after an exposure if they develop symptoms.
Unvaccinated employees in an outbreak (3 or more employees exposed).
All employees in a major outbreak (20 or more employees exposed).
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