may be relevant to sincerity, religious beliefs and adherence to attest to their vaccination status (fully vaccinated or partially vaccinated); attest that they have lost or are otherwise unable to produce proof required by the standard; and, include the following language: I declare (or certify, verify, or state) that this statement about my vaccination status is true and accurate. 12.A. ;w?{\IW!0.gd"?imuN5.{~unzr[u This form, along with any other information submitted in support of your request, . Nontraditional beliefs are protected but employers may make inquiries about the nature of employees' beliefs. Data from the Centers for Disease Control and Prevention (CDC) shows that while requests for medical exemptions in schools remain low and fairly constant (around 0.3%), non-medical exemptions . 9.C. The Equal Employment Opportunity Commission's Oct. 25 updated guidance finally explains factors employers should consider when deciding whether to grant an employee's request for exemption based on a religious belief from a mandatory Covid-19 vaccination policy. 11.C. For example, an employer may obtain a physical copy of a vaccination record or they may allow employees to provide a digital copy of acceptable records, including, for example, a digital photograph, scanned image, or PDF of such a record that clearly and legibly displays the necessary vaccination information. For example, if the franchisor has more than 100 employees but each individual franchisee has fewer than 100 employees, the franchisor would be covered by this ETS but the individual franchises would not be covered. future. the requirements of 1910.501 and any policies and procedures the employer establishes to implement this ETS. same benefit for secular reasons); and. There are nasal and saliva testing. Other employers may simply require that employees perform and read their own OTC test while an authorized telehealth proctor observes the administration and reading of the test to ensure that a new test kit was used and that the test was administered properly (e.g., nostrils were swabbed), and to witness the test result. However, employers must not observe more OTC tests at a time than they are able to validate with confidence. It is subject to change. The RFRA applies to all federal laws, including Executive Order 11246. Independent contractors do not count towards the total number of employees. 29 U.S.C. In the event that a State Plan fails to adopt this ETS, or a comparable standard, such failure to act will result in a determination by Federal OSHA that the State Plan is not at least as effective as Federal OSHA. On the other hand, the ETS does not preclude employers from choosing to pay employees for time required for removal under this standard. Independent contractors do not count towards the total number of employees. If the contractor is presently under review, the contractor may notify the OFCCP compliance officer (CO) that it requests a religious exemption. As long as each employee that does not fall into one of those three categories is vaccinated, the written policy would still meet the definition of a mandatory vaccination policy. My company has already developed and implemented a vaccination policy before this standard was published. How will the Safer Return Together Health Order be enforced? Gade v. National Solid Wastes Management Ass'n, 505 U.S. 88 (1992); see 29 U.S.C. Could an employer implement additional measures to protect employees from COVID-19? accommodation process to demonstrate that they engaged in a Does the ETS apply to U.S. Section 1910.502 was carefully tailored to the healthcare workplaces it covers and, given the full suite of protections it requires, OSHA has determined that it adequately protects the employees covered by its requirements from the grave danger posed by COVID-19. OSHA has determined that there are sufficient COVID-19 tests available and adequate laboratory capacity to meet the anticipated increased testing demand related to compliance with the ETS testing requirements. The updated and expanded COVID-19 technical assistance adds a new section with information related to requests by applicants or employees seeking to be excused from COVID-19 vaccination requirements due to sincerely held religious beliefs, practices . to address additional questions on testing requirements. Such examples may include remote work, testing 2.I. good-faith, interactive process to determine a reasonable State Plans are required to adopt and enforce occupational safety and health standards that are at least as effective as Federal OSHAs requirements (29 U.S.C. Each of the original specimens collected in the pool must be tested individually to determine which specimen(s) is (are) positive. No. Pooling (also referred to as pool testing or pooled testing) means combining the same type of specimen from several people and conducting one antigen laboratory test on the combined pool of specimens to detect SARS-CoV-2 (e.g., four samples may be tested together, using only the resources needed for a single test). What types of conditions qualify for an exemption from the vaccination requirement under the health order? (Added FAQ), 3.A. Part-time employees do count towards the total number of employees. Finally, employers should be on the lookout for additional However, employer payment for testing may be required by other laws, regulations, or collective bargaining agreements or other collectively negotiated agreements. If that employer modifies its policy to permit employees to submit electronic proof of test results, the employer must inform employees of any new or altered policies and procedures that the employer implements as a result. If gaiters are worn, they should have two layers of fabric or be folded to make two layers; (4) fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face; and (5) is a solid piece of material without slits, exhalation valves, visible holes, punctures, or other openings. OTC tests that feature digital reporting of date and time stamped results are not considered to be self-read and therefore do not require observation by the employer or an authorized telehealth proctor to satisfy the standard. beliefs, practices, or observances - provided that the request does Medical exemptions and religious exceptions are evaluated on a case-by-case basis; they are not automatically granted. Will OSHA have a comment period for the ETS? Rather, the employer must make a record of the test result to satisfy (g)(4). An example might be a retail corporation employer who has a mixture of staff working at the corporate headquarters, performing intermittent telework from home, and working in stores serving customers. In the case of a two-dose primary vaccination series (e.g., Pfizer-BioNTech and Moderna), an employee is not considered "fully vaccinated" until 2 weeks after receiving the second dose of the series. costs to consider include the burden on and risk to the It will be necessary for employers with employees covered by section 1910.502 to determine if they also have employees covered by this ETS. POPULAR ARTICLES ON: Coronavirus (COVID-19) from United States. are alternative accommodations that would not impose an undue The ETS cannot be effective if employees do not have sufficient knowledge and understanding of the requirements of the ETS, their employers policies and procedures, information about available COVID-19 vaccines, their protections against retaliation and discrimination, and the potential penalties for knowingly providing false information to their employer. Yes. Federal government websites often end in .gov or .mil. May pool testing be used to comply with the ETS? accommodated employee's share of potentially hazardous or Employers cannot assume a request is invalid because the religious beliefs in question are unfamiliar to them. employees who they should contact to request a religious Therefore, it is paramount that employees provide truthful information regarding their vaccination status. What criteria do they have to satisfy before returning? 6.B. Can I require them to use their leave to recover from vaccination side effects? However, people will be able to apply for a religious exemption from any employers' vaccine mandate under Title VII of the Civil Rights Act of 1964. Thus, before an employee statement will be acceptable for proof of vaccination under paragraph (e)(2)(vi), the employee must have attempted to secure alternate forms of documentation via other means (e.g., from the vaccine administrator or their state health department) and been unsuccessful in doing so. sincerely held religious belief. Nothing in the ETS, however, prevents employers from agreeing with employees and their representatives to implement additional measures, and the ETS does not displace collectively bargained agreements that exceed the requirements of the ETS. In the event that there is a delay in the laboratory reporting results and the employer permits the employee to continue working, OSHA will look at the pattern and practice of the individual employee or the employers testing verification process and consider refraining from enforcement where the facts show good faith in attempting to comply with the standard. If the employee has previously received other vaccines without concern, the claimed belief may not be sincere or religious. This ETS preempts States, and political subdivisions of States, from adopting and enforcing workplace requirements relating to the occupational safety and health issues of vaccination, wearing face coverings, and testing for COVID-19, except under the authority of a Federally-approved State Plan. An increasing number of employers are making vaccination against COVID-19 a condition of employment. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} For more information about OSHAs feasibility analysis, see the detailed discussion in Technological Feasibility (Section IV.A. A religious exemption request form need not be complex. OSHA included the requirement for some type of independent confirmation of the test result in order to ensure the integrity of the result. Does the roster of employees vaccination status required by paragraph (e)(4) only apply to vaccinated employees? on an individual basis. To be acceptable as proof of vaccination, any documentation should generally include the employee's name, type of vaccine administered, date(s) of administration, and the name of the health care professional(s) or clinic site(s) administering the vaccine(s). Request for a Religious Exception to the COVID-19 Vaccination Requirement. should address issues involving requests for religious A digitally-read test, which produces a date and time stamped result (e.g., results available through an app, QR code, RFID), is not considered to be self-read under the ETS and therefore would not require observation by an employer or an authorized telehealth proctor in order to satisfy the requirements of the ETS. Website. I operate a facility subject to a vaccination mandate under the health order. Such a policy must require vaccination of all employees, other than those employees who fall into one of three categories: those for whom a vaccine is medically contraindicated, those for whom medical necessity requires a delay in vaccination, or those legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely held religious beliefs, practices, or observances that conflict with the vaccination requirement. Thus, employers may make testing available on a voluntary basis or . Is a self-administered and self-read COVID-19 test acceptable under the ETS if an employee submits a photograph of the test results to their employer after? 7.E. This may be achieved by paying for the time to be vaccinated as work hours for up to four hours. No. In instances where an employee is unable to produce acceptable proof of vaccination listed above, a signed and dated statement by the employee will be acceptable. OSHA will work with the State Plans on adopting an emergency standard that is at least as effective as the ETS within the 30-day timeframe required by 29 CFR 1953.5(b). guide to the subject matter. According to the CDC, the advantages of pooling include preserving testing resources, reducing the amount of time required to test large numbers of specimens (increasing throughput), and lowering the overall cost of testing. Antigen tests may also meet the definition of COVID-19 test under this standard. No. City requires employers to provide a written determination in The EO 11246 religious exemption is preserved. The requirements of the standard do not apply to the employees of covered employers who do not report to a workplace where other individuals such as coworkers or customers are present or while working from home. This includes: any employer policies under paragraph (d); the process that will be used to determine employee vaccination status, as required under paragraph (e); the time and pay/leave they are entitled to for vaccinations and any side effects experienced following vaccinations, as required by paragraph (f); the procedures they need to follow to provide notice of a positive COVID-19 test or diagnosis of COVID-19 by a licensed healthcare provider, as required under paragraph (h); and the procedures to be used for requesting records under paragraph (l). request is not invalid simply because it is based on unfamiliar How do I determine if a COVID-19 fatality or in-patient hospitalization was work-related? No. Therefore, complying with the additional requirements of this ETS is not necessary to protect those employees while they are covered by that standards protections. (Added FAQ). Face coverings can be manufactured or homemade, and they can incorporate a variety of designs, structures, and materials. Specialist advice should be sought This includes requirements mandating that everyone wear face coverings in indoor spaces, such as businesses, government buildings, and schools, or that members of the public provide proof of vaccination or recent COVID-19 testing to enter restaurants, bars, or other public spaces. 5.F. Yes. Otherwise, the agency leaves the decision regarding who pays for the testing to the employer. Revised FAQ 12.D. This provision is specifically intended to prohibit screening testing for 90 days because of the high likelihood of false positive results that do not indicate active infection but are rather a reflection of past infection. 7.C. It does not dispense legal advice or create an Since Gov. Employers have flexibility to communicate this information to employees using any effective methods that are typically used in their workplaces, and may choose any method of informing employees so long as each employee receives the information specified in the standard in a language and at a literacy level they understand. Observing the COVID-19 test in real-time ensures the integrity of the results in a way that is not accomplished through retroactive review of videos made by employees. However, as explained in paragraph (e)(5), the employers records of ascertainment of vaccination status for each such person prior to the effective date of the ETS constitute acceptable proof of vaccination for purposes of paragraph (e)(4) of this section. employer's business - including, in this instance, the risk of What is CLIA and do I need a CLIA certification? If so, an employer who has both vaccinated and unvaccinated employees will have to develop and include the relevant procedures for two sets of employees in the written policy. My workplace has a mixture of vaccinated and unvaccinated workers and I do not want to require those unvaccinated workers to get vaccinated. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Yes. This could include the costs of travel to an off-site vaccination location (e.g., a pharmacy) or travel from an alternate work location (e.g., telework) to the workplace to receive a vaccination dose. The Office of the Vice President for Diversity & Community Affairs (ODCA) will process forms requesting religious exemptions from COVID-19 vaccination for employees and TC housing affiliates. Generally, OSHA presumes that, if an employer makes available up to two days of paid sick leave per primary vaccination dose for side effects, the employer would be in compliance with this requirement. The same survey from PRRI showed that only 10% . without an "undue hardship" on its operations. No, the ETS does not offer any exemptions to vaccination requirements based on natural immunity or the presence of antibodies from a previous infection. accommodations related to Covid-19 vaccine Additional information can be found in OSHAs guidance regarding Workers Rights under the COVID-19 Vaccination and Testing ETS and from the Equal Employment Opportunity Commission (EEOC), see What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.. There is no formal process for invoking RFRA specifically as a basis for an exemption from Executive Order 11246. 12101 et seq. Rhodes College, in Memphis, started charging unvaccinated students without a medical or religious exemption an extra $1,500 per semester to cover the costs of covid testing. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Incoming students are required to complete a WHO-approved COVID vaccine series prior to participation in on-campus activities. Some of my employees are eligible for a booster shot or additional doses of the vaccination. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} This rescission removes the regulations established by that rule, referred to in these FAQs as the 2020 religious exemption rule, regarding the religious organization exemption under Executive Order 11246. Since the advent of the COVID-19 vaccines early in 2021, potential religious exemptions to mandatory vaccine requirements have been a challenging legal issue and focus of debate. In the case of a claimed religious exemption, the employee must establish that they have a sincere religious belief that prevents them from receiving the vaccine. Prompt employee access to this information ensures that employees have the information necessary to take an active role in their employers efforts to prevent COVID-19 transmission in the workplace. The employee must work outdoors on all days (i.e., an employee who works indoors on some days and outdoors on other days would not be exempt from the requirements of this ETS). 3.H. Alternatively, the employer could proctor the OTC test itself. In a traditional franchisor-franchisee relationship in which each franchise location is independently owned and operated, the franchisor and franchisees would generally be separate entities for coverage purposes, such that the franchisor would only count corporate employees, and each franchisee would only count employees of that individual franchise. The ETS does not apply to state and local government employers in states without State Plans, because state or local government employers and employees are exempt from OSHA coverage under the OSH Act (29 U.S.C. If the employer has 100 or more employees on the effective date, this ETS applies for the duration of the standard. TsvBiNg.Td```` 00D)6, QQ``,: 96 D5:vv4ua`^9X There are no formal training requirements. The test must otherwise be administered in accordance with the authorized instructions provided for the test (e.g., specimen collection and handling, test procedures for processing specimens, result interpretation) to ensure results are valid. In short, the update to the EEOC guidance makes clear that employers may administer COVID-19 tests to employees as part of a screening process before allowing employees into the workplace during the current pandemic without violating the Americans with Disabilities Act (ADA). [CDATA[/* >