Despite the pending litigation on OSHA’s COVID-19 Emergency Temporary Standard (ETS), we advise Ohio employers with more than 100 employees to prepare like it will take effect because every requirement other than testing unvaccinated employees must be complied with on January 10, 2022 – a mere 3 days after the U.S. Supreme Court will hear oral arguments on the validity of the ETS.

A full break down of what policies employers must put in place to comply with the ETS, including the compliance dates, can be found here.

To aid your compliance efforts below are links to documents that the OSHA ETS requires be shared with your employees including information about the rule, COVID-19 vaccinations, employee protections against retaliation and discrimination, and the consequences of knowingly supplying false information or documentation

Additionally, OSHA has created fillable templates employers can use for either a mandatory vaccination policy or a vaccination or testing and face covering policy that can be found here.

Other information and questions about OSHA’s COVID-19 ETS including what type of testing is sufficient, how to determine an employee’s vaccination status, what to do when an employee tests positive for COVID-19, and record keeping requirements can be addressed by reviewing OSHA’s Frequently Asked Questions webpage.

The Ohio Chamber will be monitoring the U.S. Supreme Court litigation on the COVID-19 ETS and will keep our members updated as news breaks. You can also reach out to our General Counsel and Director of Labor & Legal Affairs, Kevin Shimp to discuss any aspect of the COVID-19 ETS. Kevin can be reached by phone at: 614-629-0916 or KShimp@ohiochamber.com.


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