NAHB Publishes Guidance for Members on OSHA Vaccination and Testing Rule

Filed in Disaster Response, Safety by on November 12, 2021 3 Comments

Man being vaccinated by doctorNAHB has published a toolkit for the residential construction industry to help covered companies comply with the requirements of a new emergency temporary standard (ETS) from OSHA that mandates COVID-19 vaccinations for workers or weekly testing.

On Nov. 5, 2021, OSHA issued theĀ COVID-19 Vaccination and Testing Emergency Temporary Standard to minimize the risk of COVID-19 transmission in workplaces. It requires all employers with more than 100 employees to mandate vaccinations for their workers or weekly COVID-19 tests to attend work.

Although the ETS is being vigorously challenged in courts all over the United States, its publication in the Federal Register made it effective on Nov. 5. And some of its provisions will be enforceable by OSHA inspectors beginning Dec. 6.

NAHB continues to explore all legal options regarding the ETS. But members should be aware that OSHA inspectors could be looking for violations of the rule beginning in mere weeks. Many workplaces do not routinely see OSHA inspectors. But OSHA inspections on construction sites are quite common.

NAHB’s COVID-19 Vaccination and Testing Emergency Temporary Standard Toolkit is organized as a Q&A that addresses the most common questions staff have received from members so far.

The most pressing concerns are the provisions that are enforceable beginning Dec. 6, including a requirement that businesses have a written policy in place that details their COVID-19 vaccination and testing plans. Other provisions that go into effect Dec. 6 include:

  • Determining employee vaccination status
  • Providing paid time off for vaccinations and recovery
  • Requiring face coverings for unvaccinated employees
  • Providing information to employees on a company’s policy

The requirement that employers mandate weekly testing for unvaccinated employees goes into effect Jan. 4, 2022.

NAHB has also provided resources about vaccinations, including where to find them in your area.

NAHB will continue to update members on the status of legal challenges to the ETS.

For more information on the ETS and its jobsite requirements, contact Rob Matuga.

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Comments (3)

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  1. Matt says:

    Martin Luther King, in his famous “Letter from the Birmingham Jail,” called on all Americans to actively but peacefully oppose laws that were morally wrong. King wrote:

    “There are just laws and there are unjust laws. I would agree with St. Augustine that an unjust law is no law at all… One who breaks an unjust law must do it openly, lovingly…I submit that an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law.”

    • Brian Popiel says:

      Yes, I remember fondly MLKs culture war diatribe against the polio & MMR vaccines that became widespread in the 1960s.

      Give the partisan hackery a rest & lets get Americans back to work. You guys have done enough damage to our economy already. I don’t know about you, but my supply chains can’t take any more people getting sick or the needless 1000+ deaths per day that are killing the economic recovery.

    • David says:

      Leave Healthcare and politics out of our industry. Well said

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