What’s New?

Another OSHA ETS Update

by Jennifer Shaw | | December 27, 2021

Happy Monday!

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…

author avatar
Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
See Full Bio
Workplace Investigations Employment Law Employment Law Trainings
Never Miss a Post
Please enter all required fields Click to hide
Correct invalid entries Click to hide
(No spam, ever. Promise.)
X