As you have probably read, the U.S. Supreme Court will hear arguments on the OSHA ETS on January 7, 2022.
In the meantime, OSHA issued revised FAQs regarding the ETS, which are available here: https://www.osha.gov/coronavirus/ets2/faqs. (By the way, OSHA does not track edits or include the date of any revisions. Frustrating!)
Here are a few highlights:
- Regarding testing, OSHA now allows employees to use COVID-19 self-tests that digitally records the date and time of the test (See Sections 6K and 6J).
- The FAQS now reflect the new deadlines for compliance with the ETS (now January 10, 2022) and full vaccination status or test (now February 9, 2022). It’s not clear whether the Supreme Court will issue a decision by January 10, but it could!
Just a reminder for CA employers: It’s best not to do anything yet! Wait to see what actions Cal/OSHA will take if the OSHA ETS is upheld.
Take some time to read the revised FAQs. There are other tidbits…