OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations or Testing

Filed in Safety by on November 4, 2021 20 Comments

Man being vaccinated by doctorThe U.S. Department of Labor this morning published the details of an emergency temporary standard (ETS) developed by OSHA that will require all businesses with more than 100 employees to mandate vaccinations for their workers or weekly COVID-19 tests to attend work.

While the full text of the standard has not yet been published to the Federal Register, OSHA did make available preview text.

It appears that the construction industry is not exempt from the ETS, as it was in the ETS issued in June thanks to the efforts of NAHB staff. Despite those efforts continuing with the vaccine and testing ETS, construction is covered. There are, however, exemptions in the rule that may narrowly apply to residential construction: 1) workers who do not report to a workplace where other individuals are present or who telework from home; and 2) workers who perform their work exclusively outdoors.

The ETS also contains language specific to the construction industry for determining which workers are covered by an employer:

On a typical multi-employer worksite such as a construction site, each company represented – the host employer, the general contractor, and each subcontractor – would only need to count its own employees, and the host employer and general contractor would not need to count the total number of workers at each site.

Broadly, any employer with more than 100 employees will be required to mandate a COVID-19 vaccination for their workers. Employers must provide paid time off for workers to receive the vaccinations and to recover from any side effects from the vaccines.

Unvaccinated workers have the option of providing a weekly negative COVID-19 test. The responsibility for the testing will fall on employees rather than employers. In addition, unvaccinated workers must wear masks at all times while indoors at work or while in a vehicle with others for work purposes.

The rule will become effective when it is published to the Federal Register, most likely on Nov. 5.  The deadline for companies to comply with most of the provisions of the ETS is Jan. 4, 2022.

NAHB will carefully review the final language of the ETS once it is published to the Federal Register and will explore all options available on behalf of members. Watch NAHBNow and email communications from NAHB for updates.

For resources on vaccinations, including links on where to find available doses, visit the NAHB Vaccine Awareness Week in Construction page on nahb.org.

Comments (20)

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  1. Annette Bullard says:

    Why is there still mandating when the numbers have been decreasing. with a 98% recovery rate? Hospitals are no longer over whelmed? Why are you getting involved with the business that is NONE OF YOURS. You are pushing the govt of communism. We will not comply. This is not a LAW, IT IS NOT SUBSTANIBLE. And hopefully OSHA will be sued.

  2. J Murphy says:

    So the FEDS are going to use the tool called OSHA to continue their agenda of health care overreach. Fortunately this will be overruled by way of the judicial branch as the lawsuits mount. As usual you can count on the current flavor of the federal government to make the wrong decision and make it too late.

  3. mark worley says:

    One more example of government Overreach. As Moses said, Let my people Go.

  4. Timothy says:

    Long overdue, the burden needs to shift to those who choose to be unvaccinated

  5. Mike johnson says:

    If I can fire people because of a medical choice technically I could fire some one because they chose to smoke or they have a blood born disease or they are obese and continue to eat to much.
    Where does it stop if they can do this?
    Employee right are leaving if this goes through.
    This is the worst kind of discrimination in the history of American workers.

  6. Brad S Higby says:

    Why do people on unemployment not have to get covid shots If employers loose employees who can they hire?

  7. Bob Whitten says:

    Big Government always results in business interference. Big government relies on mandates rather than law which requires due process and representation on the voting floor.

    Work with your lawyers and CPA to divide your organization into a group of semi-related (not fully related) companies employing less than 100. More than one way to fight big government – while we are a free society! Most importantly, work for and vote pro-business into elected office – especially federal – at every opportunity.

  8. Abe Degnan says:

    It is imperative for NAHB to continue to fight for freedom in our industry. Let people choose what they want. No mandates, no OSHA, no fines, no masking requirements.

    • mark worley says:

      Need a lot more help than the NAHB, look at our lumber situation and what NAHB has gotten done. I am a 40 year member and past president of my Local HBA….I praise NAHB,,but we MUST get our vote counted and that comes only when your candidates win//it takes a team…to win

  9. Caroline Ezop says:

    Got Small Pox? Got Polio? Probably not. Whether the gov’t says to do it or not, just get it. Grow up.

    • Don says:

      Small Pox, Polio, Grow up? There was time between. There is plenty of good reason to question all including who has the authority to in act and enforce. With out these conversations we surly wouldn’t be the great country we are. I think with many, if not most it’s not just about the vaccine. Grow up is an awfully small minded remark.

      • James Swarto says:

        Correct me if I’m wrong, but if you got the small pox vaccine you would not get small pox OR spread it. If you got the polio vaccine you could not get polio OR spread it? This ruling forces you to get the vaccine- but it does not prevent any spread or prevent the individual from getting sick. It should be a personal choice based on an individual’s health condition. If the vaccine won’t stop the virus from continuing to spread- why mandate it? If you get the vaccine it MAY help YOU. It won’t prevent you from giving it to your co workers- this is not for the protection of the general public. We are dealing with a virus that was man made to constantly change- one, two, three shots will not make it disappear. More studies should be done before mandating anything.

  10. Dan Sloan says:

    OSHA has NO JURSIDICTION to Mandate a Vacation Program, as per their original enabling legislation.
    The Multiple Attorneys Generals Suing Federal Gvt, have obtained an injunction, and i feel pretty confident will prevail in the end.

    The Fact that my Tax Dollars have to fund both ends of this Lawsuit is not making me a happy camper!

  11. Jennifer P says:

    This is ridiculous and I can’t believe they drug OSHA in to try and enforce this. We the people have a choice and that is a private personal choice. If this goes through then they will try to mandate everything……aka communism!!! We have to stand up and fight against this. It is not the governments business, nor the employers business if people get vaccinated or not. To the people saying just get the shot or grow up, that’s your choice, just like it’s the people’s choice to not get the shot. NO ONE should be made to get something they’re uncomfortable with, especially when we don’t know what kind of long term side effects it could have.

    What really bothers me is the companies with under 100 employees that do government contract work. Now they will not have that revenue if their employees can’t get on base to do the work because they aren’t vaccinated. All of this will ruin the economy worse than the shut downs did.
    It’s horrible that business/people that were once deemed “essential workers” are now being mocked and looked down upon for not getting vaccinated. They were hero’s last year and now this year just expendable people/trades if they don’t comply. People should be completely ashamed of this treatment and how it is dividing our great nation.

    How can they possibly mandate this, but yet let our Southern boarder be over run with now millions of unvaccinated people being distributed all over this country? The double standard makes absolutely no sense!!! Yet people are still blind to the big picture. Why aren’t the people on government assistance mandated to be vaccinated? Why are so many government officials EXCLUDED from the mandate???? That’s the question we should all be asking very loudly.

    Hold the line and do not comply, because if we do then they will not stop here, it will get worse.

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