COVID-19 Vaccination and Testing
Emergency Temporary Standard
The Supreme Court announced that on Thursday, January 13 it will release one or more opinions regarding the Emergency Temporary Standard (ETS) on the OSHA 100-Employee COVID-19 requirements, which went into effect on Monday.
Prior to the ruling announcement, all employers with 100 or more employees should begin implementing: a written COVID-19 policy, share the required information with employees, start developing a vaccination roster, and be prepared to provide paid time off for getting vaccinated and for vaccine recovery time.
Prior to the ruling announcement, all employers with 100 or more employees should begin implementing: a written COVID-19 policy, share the required information with employees, start developing a vaccination roster, and be prepared to provide paid time off for getting vaccinated and for vaccine recovery time.
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WHAT WE KNOW: Businesses with 100 or more employees company-wide will be subject to the Biden administration mandate on COVID-19 vaccinations or testing protocol. We know that many businesses are gearing up for the holiday season and dealing with workforce, supply chain, and inflation issues, so this new mandate only exacerbates an already busy season. However, litigation opposing this mandate is pending, so its future is not yet clear. Here's what we know (as of November 4, 2021):
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COVID-19 Vaccination and Testing ETS | November 4, 2021 - View the video above as Executive Director Nathan Sanderson explains what we know about the upcoming requirement.
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- The Biden administration's COVID-19 vaccine mandate rule will be administered by the Occupational Safety and Health Administration (OSHA).
- It requires employees to be fully vaccinated by January 4. To be fully vaccinated, workers must have two doses of the Pfizer or Moderna COVID-19 vaccine or one dose of Johnson & Johnson.
- Beginning December 5, OSHA rule will require impacted employers to provide workers with paid time off to receive vaccinations and sick leave to recover from vaccination side effects.
- According to the requirements, all unvaccinated workers must begin wearing masks by December 5 and provide a negative COVID-19 test weekly after the January deadline.
- Businesses are not required to pay for or provide the tests.
- Businesses are responsible for keeping records on the vaccination status of all employees.
- Businesses must provide each employee with information in a language and at a literacy level the employee understands, among many other provisions.
For more information click here to view OSHA’s COVID-19 Vaccination and Testing ETS Fact Sheet.
Click here to view OSHA Emergency Temporary Standard page.
Click here to view the Emergency Temporary Standard Summary.
Click here to view OSHA Emergency Temporary Standard page.
Click here to view the Emergency Temporary Standard Summary.
WORKPLACE REOPENING FAQ Click here to read our full COVID-19 Business FAQ. |
Q: I had an employee test positive for COVID-19; what steps do I take?
A: Click here to view guidance compiled by SDRA.
See the following guidance from the National Restaurant Association, click to view: Guidance for Responding to COVID-19 Positive Employee, click to view: On Premises Workplace Infection Control Practices Impacting Employees Q&A
Q: I temporarily laid off employees due to the COVID-19 pandemic. I am planning to call the laid-off employees back to work. If an employee refuses to come back to work, would they be eligible to continue receiving unemployment benefits?
A: The South Dakota Department of Labor and Regulation says unemployment claimants who have been placed on a temporary layoff related to COVID-19 must return to work if called back to remain eligible for benefits.
Not returning to work when there is available work could be considered a “refusal of work” and potentially disqualify claimants from receiving reemployment assistance (unemployment insurance) benefits.
If an employer calls an employee back to work but the individual refuses and continues receiving unemployment benefits, the business should report it to RAFraud@state.sd.us.
Cloth Face Coverings [Click the question to view the answer per the Occupational Health and Safety Administration]
A: Click here to view guidance compiled by SDRA.
See the following guidance from the National Restaurant Association, click to view: Guidance for Responding to COVID-19 Positive Employee, click to view: On Premises Workplace Infection Control Practices Impacting Employees Q&A
Q: I temporarily laid off employees due to the COVID-19 pandemic. I am planning to call the laid-off employees back to work. If an employee refuses to come back to work, would they be eligible to continue receiving unemployment benefits?
A: The South Dakota Department of Labor and Regulation says unemployment claimants who have been placed on a temporary layoff related to COVID-19 must return to work if called back to remain eligible for benefits.
Not returning to work when there is available work could be considered a “refusal of work” and potentially disqualify claimants from receiving reemployment assistance (unemployment insurance) benefits.
If an employer calls an employee back to work but the individual refuses and continues receiving unemployment benefits, the business should report it to RAFraud@state.sd.us.
Cloth Face Coverings [Click the question to view the answer per the Occupational Health and Safety Administration]
- What are the key differences between cloth face coverings, surgical masks, and respirators?
- Are employers required to provide cloth face coverings to workers?
- Should workers wear a cloth face covering while at work, in accordance with the Centers for Disease Control and Prevention recommendation for all people to do so when in public?
- If workers wear cloth face coverings, do employers still need to ensure social distancing measures in the workplace?
- If I wear a reusable cloth face covering, how should I keep it clean?
- Are surgical masks or cloth face coverings acceptable respiratory protection in the construction industry, when respirators would be needed but are not available because of the COVID-19 pandemic?
- Jackson Lewis prepared FAQ's to provide guidance for employers. Click here to view.
- COVID-19 Legal Update Webinar: Practical Guidance for Employers . Click here to view the achieved webinar and for valuable HR information. Click here to download the webinar slides.
- Families First Coronavirus Response Act: Questions and Answers from US Dept of Labor. Click here to view.
- COVID-19 and the Fair Labor Standards Act: Questions and Answers from US Dept of Labor. Click here to view.
The Department of Labor (DOL) has promulgated temporary regulations to implement provisions of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) of the Families First Coronavirus Response Act, Public Law 116-127 (FFCRA), which was enacted in response to the COVID-19 pandemic. The Rule became effective on April 1, 2020, and sunsets on December 31, 2020. This update analyzes the Rule’s key provisions. Click here to view FAQ's provided by Jackson Lewis. Click here to read the Department of Labor's regulations for COVID-19.
Required FFCRA Signage
The Families First Coronavirus Response Act (FFCRA) requires most employers to post a notice for their employees regarding FFCRA requirements. The notice must be posted in a conspicuous place on the premises. An employer may satisfy this requirement by emailing or direct mailing the notice to employees, or posting the notice on an employee information internal or external website. If you hire a job applicant, you must convey this notice to them.
The Families First Coronavirus Response Act (FFCRA) requires most employers to post a notice for their employees regarding FFCRA requirements. The notice must be posted in a conspicuous place on the premises. An employer may satisfy this requirement by emailing or direct mailing the notice to employees, or posting the notice on an employee information internal or external website. If you hire a job applicant, you must convey this notice to them.
