November 2021 Government Affairs Update
OSHA Issues Emergency Temporary Standard on COVID-19 Vaccination and Testing
The Occupational Safety and Health Administration (OSHA) recently issued an Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing which applies to employers with a total of 100 or more employees, firm or company-wide. As previously reported by BSCAI, the ETS requires employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless employers adopt a policy requiring employees to either get vaccinated or to undergo weekly COVID-19 testing and wear a face covering at work. Employers must ensure that their employees have received the necessary shots to be fully vaccinated or require weekly testing by Jan. 4, 2022. Below you will find key details released by OSHA.
The ETS requires employers to do the following:
- Determine Vaccination Status: All covered employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
- Vaccination Requirements: All covered employers must ensure that their employees have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4th.
- Testing Requirements: Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).
- Notification of Positive Test: Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.
- Paid Time Off Requirements: Employers must provide paid time off to workers to get vaccinated and to allow for paid leave to recover from any side effects.
- Mask Requirements: Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.
Additional Details:
- The ETS does not apply to employees who work remotely from home, who work exclusively outdoors, or who do not report to a workplace where other individuals are present.
- The ETS does not require employers to pay for testing but employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers are also not required to pay for face coverings.
- The rule is effective immediately. Employers must comply with most ETS requirements by Dec. 6, 2021 and with testing requirements by Jan. 4, 2022.
OSHA ETS Resources for Employers
For any questions, please contact BSCAI Director of Government Affairs Kevin McKenney at kmckenney@bscai.org.
House Passes Bipartisan Infrastructure Bill
Earlier this month, the House of Representatives voted to pass the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act by a vote of 228-206. The legislation provides $550 billion in new funding for infrastructure projects over the next five years including roads, bridges, ports, rail, waterways, airports, public transit, broadband and other physical infrastructure.
The legislation originally passed the Senate in August by a vote of 69-30 and now heads to President Biden’s desk for signature. The Infrastructure Investment and Jobs Act does include any new taxes on individuals or businesses. It is important to note that this bill is different from the $1.75 trillion Build Back Better (BBB) budget reconciliation proposal which Democrats are trying to advance separately.
Democrats Introduce New Budget Reconciliation Proposal
The White House and congressional Democratic leaders recently introduced a new $1.75 trillion budget reconciliation proposal. Similar to previous versions, the proposal calls for new investments in social programs related to climate change, housing, health care, education and child care. The new proposal has been scaled back from President Biden’s original budget reconciliation request of $3.5 trillion. A summary from the White House can be found here.
The proposal would fund the new programs through tax increases on America’s wealthiest individuals and largest corporations. Importantly, the White House has dropped its demand for several tax increases that would negatively impact small businesses, including increases to individual and corporate rates, capital gains, pass-through businesses, and estate taxes.
It is important to note that the budget reconciliation process is still very fluid and it remains unclear if the proposal released yesterday has enough support to pass either chamber of Congress. There is no definitive timeline for a final vote and the legislation could be altered in the coming days. BSCAI will be sure to keep members updated regarding the latest developments on Capitol Hill.
OSHA Initiates Rulemaking on Extreme Heat Hazards
The Occupational Safety and Health Administration (OSHA) recently published an Advance Notice of Proposed Rulemaking for heat injury and illness prevention in outdoor and indoor work settings. Currently, OSHA does not have a specific standard for hazardous heat conditions and this action begins the process to consider a heat-specific workplace rule.
The Advance Notice of Proposed Rulemaking will initiate a comment period to gather diverse perspectives and expertise on topics, such as heat-stress thresholds, heat-acclimatization planning and exposure monitoring. BSCAI is closely monitoring the rulemaking process and will keep members updated on the latest developments.