OSHA ETS-compliant COVID-19 Vaccination Policy

HR Compliance
Safety & OSHA

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NOTE TO EMPLOYER: The following sample policy is designed to help employers address employee vaccination and vaccination status related to the COVID-19 pandemic and OSHA’s Emergency Temporary Standard (ETS), issued November 5. This sample should be modified to fit the needs of the organization.

Following the release of OSHA’s Emergency Temporary Standard for private-sector employers, the CMS requirements for medical professionals and caregivers, and the Safer Federal Workforce Taskforce’s guidelines for federal employers and contractors, employers may wish to update vaccination, PTO, or sick leave policies to be compliant with the requirements set forth by those organizations. Businesses and employers must determine their own vaccination policies and how to administer them for employees and visitors in compliance with all applicable laws.

OSHA’s ETS preempts state laws that are less protective to the employee; however, employers should still be aware of any state or local laws that prohibit mandating vaccination, testing, or vaccination passports. Employers should also consider ADA, FMLA, FLSA, and HIPAA when making decisions related to vaccination requirements. The ETS also requires employers to keep accurate and current vaccination and testing records for all employees, and it is recommended to keep that information in a confidential location.

While side effects of the vaccination are not OSHA recordable, through May 2022, fatalities and hospitalizations due to COVID must be reported to OSHA. It is advised that employers work to accommodate employees if they experience any effects related to receiving the vaccine.

State- and location-specific policies are recommended.

COVID Vaccine Record Card Male