Surprise! What larger California employers should know about OSHA’s vax-or-testing rules

The Occupational Health and Safety Administration (OSHA) recently released a COVID–19 emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure their workers are fully vaccinated against the virus or submit to weekly testing. The ETS affects 84 million private-sector workers nationwide and sets a national workplace safety standard for vaccination status and testing for employees who enter a workplace. Employers with California workforces, however, may be subject to different rules. Read on to learn more.

What employers must do

On or before January 4, 2022, covered employers must develop, implement, and enforce (1) a “mandatory COVID-19 vaccination policy” or (2) a policy allowing employees to elect to either get the shots or undergo weekly testing and wear a face covering at the workplace. The ETS defines a “mandatory vaccination policy” as an employer policy requiring each individual to be fully vaccinated. The policy must require vaccination of all employees, including all new hires as soon as practicable, other than the following:

• Employees for whom a vaccine is medically contraindicated or medical necessity requires a delay in vaccination; or
• Those who are legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely held religious beliefs, practices, or observances that conflict with the vaccination mandate.

Which employers are covered