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Today is the first day the Occupational Safety & Health Administration (OSHA) can begin enforcement of the planning and record keeping mandates in its Emergency Temporary Standard (ETS) on vaccine mandates.

The Supreme Court of the United States (SCOTUS) heard oral arguments of the appeal on January 7, 2022, but has not reached a determination. Multiple Justices expressed doubt over OSHA’s claim on a “clear” basis for the vaccine ETS. While the Supreme Court could issue a decision at any time, we do anticipate it happening before February 10, 2022, the compliance deadline for testing.

In the meantime, MCAA has provided you with all the tools to help your company comply today.

Compliance Tools

• MCAA’s Updated Bulletin on OSHA’s COVID-19 ETS – The only changes to the bulletin are the new enforcement dates. This bulletin is a simple reference document for you.
• The original MCAA Model COVID-19 Mandatory Vaccination Policy – This policy is for companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.
• The MCAA Model COVID-19 Vaccination, Testing and Face Covering Policy – This policy is for companies that require vaccines, or weekly testing and face covering use as an alternative to vaccines. It can also be easily tailored for use as your Mandatory Vaccination Policy for the companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.

A Simple Record Keeping Tool

Additionally, to support the planning and record keeping deadline, TYFOOM, a member of MCAA’s Manufacturer/Supplier Council (M/SC), created an automated, simple, and easy process to reach all employees on a regular basis with an ETS survey.

OSHA Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: Vaccines or Testing

Watch for Updates As They Occur

MCAA will be closely monitoring SCOTUS and OSHA developments related to this issue and will communicate updates as they occur. In the meantime, questions may be addressed to MCAA’s Raffi Elchemmas.

There have been many requests from MCAA members for a simple and easy way to track & report the Emergency Testing Standard (ETS) from OSHA for both the vaccine requirements and weekly testing. 

TYFOOM, a member of MCAA’s Manufacturer/Supplier Council (M/SC), created an automated, simple, and easy process to reach all employees on a regular basis with an ETS survey (examples attached).

For more information, please contact Tyfoom at customercare@tyfoom.com or call 801.717.1231 and mention that you are an MCAA member to obtain a 10% member discount.

As a reminder, unless ruled on by the Supreme Court, the most current OSHA compliance deadlines are:

• January 10, 2022: All requirements except testing
• February 9, 2022: Testing

If you have any questions, please contact MCAA’s Executive Director of Safety, Health, and Risk Management, Raffi Elchemmas, at raffi@mcaa.org. 

The Occupational Safety & Health Administration (OSHA) will begin enforcement of its Emergency Temporary Standard (ETS) on vaccine mandates in early 2022 barring an emergency stay from the Supreme Court of the United States (SCOTUS). MCAA’s Safety Bulletin on the ETS, the MCAA Model COVID-19 Mandatory-Vaccination Policy, and NEW MCAA Model COVID-19 Vaccination, Testing and Face Covering Policy outline what needs to be done to be compliant with the ETS.

It is important for all MCAA members to begin making every possible attempt to comply with the standard, and carefully document every part of every attempt made to comply.

MCAA offers three items, available via the buttons below, that may be useful to you:

• MCAA’s Updated Bulletin on OSHA’s COVID-19 ETS – The only changes to the bulletin are the new enforcement dates. This bulletin is a simple reference document for you.

• The original MCAA Model COVID-19 Mandatory Vaccination Policy – This policy is for companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.

• The MCAA Model COVID-19 Vaccination, Testing and Face Covering Policy – This policy is for companies that require vaccines, or weekly testing and face covering use as an alternative to vaccines. It can also be easily tailored for use as your Mandatory Vaccination Policy for the companies that require vaccines, but do not allow weekly testing and face covering use as an alternative.

OSHA Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: testing

OSHA “will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

OSHA released the following statement:

“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”

Watch for Updates As They Occur

MCAA will be closely monitoring SCOTUS and OSHA developments related to this issue and will communicate updates as they occur. In the meantime, questions may be addressed to MCAA’s Raffi Elchemmas.

A three-judge panel of the 6th Circuit Court of Appeals dissolved the stay of the Occupational Safety & Health Administration (OSHA) Emergency Temporary Standard (ETS) on vaccine mandates and testing on December 17, 2021. An emergency stay application has since been filed with the Supreme Court of the United States (SCOTUS) and OSHA has announced new compliance deadlines for implementation and enforcement of the ETS.

6th Circuit Dissolved Stay on OSHA ETS

The court order does not mention deadline extensions, it simply grants “the Government’s motion and DISSOLVE[S] the stay issued by the Fifth Circuit.”  MCAA has filed a request with OSHA to extend enforcement deadlines so all employers can have time to develop the appropriate plans.

OSHA Announces New Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: testing

OSHA “will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

OSHA released the following statement: 

“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”

Impact on MCAA Members

Unless SCOTUS acts, MCAA members with over 100 workers must require them to be vaccinated or tested weekly by the new compliance deadlines.

MCAA Offers Compliance Resources

MCAA’s Safety Bulletin on the ETS and the MCAA Model COVID-19 Mandatory-Vaccination Policy outline what needs to be done to be compliant with the ETS.

Watch for Updates As They Occur

MCAA will be closely monitoring SCOTUS and OSHA developments related to this issue and will communicate updates as they occur. In the meantime, questions may be addressed to MCAA’s Raffi Elchemmas.