OSHA to Issue COVID Vaccine and Testing ETS for All Employers with 100+ Workers

Another key aspect of President Biden’s COVID-19 Action Plan is a requirement that OSHA publish a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. In addition to the vaccine and/or testing mandate, the ETS will require employers with more than 100 employees to provide paid time off for the time it takes for workers to get vaccinated or to recover if they are under the weather post-vaccination. 

The Administration released general details of its President Biden's COVID-19 Action Plan and two Executive Orders that will require all federal employees and federal contractors and subcontractors to be vaccinated against COVID-19. The Executive Order impacting federal contractors requires the Safer Federal Workforce Task Force provide further guidance and a draft contract clause by September 24th. The Federal Acquisition Regulation will be amended to include these requirements in a contract clause in federal solicitations and contracts. Direct federal contracts can expect this new contract clause to appear in all covered federal contracts, extensions, and renewals by October 15th. The E.O. requires all direct federal contractor and subcontractors to be vaccinated, without the option of submitting a weekly test. 

AGC of America has gathered resources to assist its members facing COVID-19 vaccine requirements; vaccine safety and the effectiveness that members can use in their educational efforts; and provided resources to assist with employer vaccine policies. Click HERE to find the AGC COVID-19 Vaccine Toolkit. There are a lot of questions that have yet to be answered. AGC will be reaching out to OSHA, FAR Council, and other federal agencies, and will update AGC members as we learn more. For more information, contact jordan.howard@agc.org or (703) 837-5368.