Employee Vaccination Policy (OSHA ETS Compliant) | Practical Law

Employee Vaccination Policy (OSHA ETS Compliant) | Practical Law

An employee vaccination policy designed to comply with the requirements of the Employee COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by OSHA in November 2021. This policy requires that all employees get vaccinated against COVID-19 as a condition of working onsite and indoors at the employer's workplace or receive an accommodation or other limited exemption from the vaccine mandate. It also includes an option for employers that want to give employees the choice of getting vaccinated or complying with regular testing and face covering requirements for unvaccinated employees. This policy is designed for use by private employers in a non-health care setting. It is not designed for use by federal government contractors covered by Executive Order (E.O.) 14042 (for a compliant policy, see Standard Document, Employee Vaccination Policy (Federal Contractor Compliant). This policy is based on a federal regulation that purports to preempt state and local laws that prohibit or restrict vaccination, testing, or face covering mandates. This Standard Document has integrated notes with important explanations and drafting tips. 

Employee Vaccination Policy (OSHA ETS Compliant)

Practical Law Standard Document w-033-3524 (Approx. 39 pages)

Employee Vaccination Policy (OSHA ETS Compliant)

by Practical Law Labor & Employment
Law stated as of 26 Jan 2022USA (National/Federal)
An employee vaccination policy designed to comply with the requirements of the Employee COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by OSHA in November 2021. This policy requires that all employees get vaccinated against COVID-19 as a condition of working onsite and indoors at the employer's workplace or receive an accommodation or other limited exemption from the vaccine mandate. It also includes an option for employers that want to give employees the choice of getting vaccinated or complying with regular testing and face covering requirements for unvaccinated employees. This policy is designed for use by private employers in a non-health care setting. It is not designed for use by federal government contractors covered by Executive Order (E.O.) 14042 (for a compliant policy, see Standard Document, Employee Vaccination Policy (Federal Contractor Compliant). This policy is based on a federal regulation that purports to preempt state and local laws that prohibit or restrict vaccination, testing, or face covering mandates. This Standard Document has integrated notes with important explanations and drafting tips.
NOTE: After the US Supreme Court stayed enforcement of the OSHA ETS, OSHA withdrew the ETS as an enforceable emergency temporary standard (87 Fed. Reg. 3928 (Jan. 26, 2022)). Because of this, Practical Law is no longer maintaining this Standard Document and has converted it to a dated resource, current as of January 26, 2022. For the latest on the status of the ETS and various legal challenges, see Legal Update, OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard for Employers with 100 or More Employees. For more on COVID-19 legal developments, see COVID-19: Employment Law and Developments Tracker. For other vaccination resources, see COVID-19 Employee Vaccination Toolkit.