By this morning, all US employers with more than 100 employees should have evidence to show that they are making good faith, reasonable efforts to meet the new OSHA workplace rules on COVID-19 risk abatement.
The best way to show that good faith, reasonable effort (short of already having completed a confidential verification of all employees' vaccination cards) is to have at least formally notified all employees of the new requirements, as we mentioned last night. So -- here is a version I used with a Chicago-based client over a month ago, as updated for the latest Supreme Court rulings:
Date: January 10, 2022
To: All Employees
From: HR Team Leadership
RE: OSHA's Emergency Temporary Standard on COVID-19 Vaccination
On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) requiring all private employers with 100 or more workers to ensure all employees are either fully vaccinated for COVID-19, or provide a weekly negative test and wear a face covering while working.
The United States Supreme Court has (as of early January) dissolved any stay of this requirement.
In order to comply with this new OSHA requirement, [Company Name] is issuing an updated COVID-19 vaccination policy effective January 10, 2022. The highlighted changes to our current policy include:
[Include any updates to the current COVID-19 vaccination policy such as:
▲ A requirement that all team members become fully vaccinated by a certain date -- but in any event before February 10, 2022 (when enforcement orders may begin issuing from ASHA).
▲ The availability of paid time off for vaccination-related absences. The OSHA standard requires this.
▲ An option for weekly testing in lieu of vaccination (optional).
▲ Consequences of failing to comply with the employer's policy (up to and including termination, after a ten day grace period, to get vaccinated).]
These changes are necessary to comply with OSHA's ETS and will help to safeguard the health of our team members and their families, our customers and visitors, and the community at large from COVID-19. Implementing these measures are designed to help us to provide a safe workplace and potentially avoid circumstances that could jeopardize our business operations. [Consider including information about current employee vaccination rates, if helpful.] We view the vaccines and boosters as a way to express our shared values -- of taking good care of one another, and the extended families, of ALL our team members.
Team members are required to provide documentation of vaccination status as described in the attached policy. Please review the attached policy and contact [name and contact information] with any questions. Information on penalties for false statements and records is provided by OSHA and attached to this memo.
While we understand that not all team members may agree with these new policy requirements, [Company Name] has an obligation to comply with OSHA standards or face stiff penalties for noncompliance. It is important to note that OSHA's ETS will apply to all employers with 100 or more employees, and you will find that other employers will be implementing similar policies. Team members who do not comply with [Company Name]'s updated vaccination policy will be subject to termination and generally will not be eligible for unemployment insurance.
Team members needing an accommodation for religious or medical reasons should complete a request for accommodation form, which can be found at [location] and submit the form to [name and contact information] no later than [date].
The Occupational Safety and Health Act prohibits retaliation against you for exercising your rights guaranteed under the Act, including filing an occupational safety or health complaint, reporting a work-related injury or illness, or otherwise exercising any rights afforded by the OSH Act. . . .
Now you know -- with a hat tip for the orignal version (which I've now marked up, above) to the non-profit Society for Human Resource Management.
नमस्ते
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