December 20, 2021

OSHA’s COVID-19 Rules Move Forward: What Employers Must Do Now

By
Stephen Massey
Managing Director, Health Action Alliance

While the Supreme Court has been asked to weigh in, employers should move forward to comply with new deadlines, especially as Omicron spreads.


Late Friday evening, the federal court with jurisdiction over the Occupational Safety and Health Administration (OSHA) emergency COVID-19 rules for employers allowed those rules to move forward. Employers with 100 or more workers have now been given a new set of deadlines in order to come into compliance.

By January 10, 2022, employers must:

  • Have a vaccination policy
  • Confirm the vaccination status of workers
  • Provide paid time off for workers to get vaccinated and recover from side effects
  • Require unvaccinated workers to wear a face covering 


By February 9, 2022, employers must be able to prove to OSHA that workers are vaccinated or testing negative for COVID-19 at least weekly.

While the requirements may still get a hearing in the U.S. Supreme Court, the lesson in the litigation so far is that employers should take steps now to prepare. Indeed, OSHA has made it clear that even if an employer is not in full compliance, the agency will not issue a penalty if the employer shows "good faith efforts to come into compliance with the standard."

Resources for Employers

We’ve updated our Sample Vaccination Policy for Employers with OSHA’s latest deadlines. Employers can also find our guides for responding to religious and medical exemption requests and our sample forms for those requests.

To help employers meet the OSHA requirements, our panel of experts answered 27 questions direct from the business community. Apart from the deadlines, these details have not changed as a result of any of the legal action.

Employers can find additional answers in OSHA’s collection of Frequently Asked Questions

At our briefing for business leaders last week, our expert panelists also offered advice on how employers can track compliance with vaccination or testing requirements. 

New challenges caused by Omicron

While the OSHA rules do not require any additional action for the Omicron variant, employers may want to consider further action to account for the on-the-ground reality of the virus. Last week’s briefing for business leaders also includes:


And at any time, employers can watch the full presentation, with even more guidance for responding to this crucial phase of the pandemic.