OSHA Emergency Temporary Standard (ETS)

Last month, The United States Supreme Court blocked OSHA’s Emergency Temporary Standard (ETS) related to COVID vaccine mandates. However, OSHA’s General Duty Clause is still broadly applicable and being enforced. Over 18,000 complaints have been filed and over $4 million dollars in fines have been assessed against employers when workers were found not adequately protected from occupational exposure to COVID-19.

COVID-19 can be an OSHA recordable if a worker is infected as a result of performing their work-related duties. Employers are only responsible for recording cases of COVID-19 if all of the following are true:

1. The case is a confirmed case of COVID-19;

2. The case is work-related (as defined by 29 CFR 1904.5); and

3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

For questions or inquiries about the ETS, please contact us. Stay Safe!