Last Friday, the Supreme Court of the United States heard oral arguments regarding the Federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). On the same day, the Illinois Department of Labor adopted the federal ETS. The Illinois rule on this ETS is scheduled to go into effect on January 24, 2022. The ETS will expire on July 24, 2022. While the Illinois rule goes into effect on January 24, 2022, the Illinois Department of Labor has provided some time for employers covered by the ETS to come into compliance. These deadlines are posted on the Department’s website and reprinted below.
It is important to note that Illinois is a state with an OSHA-Approved State Plan. While the federal OSHA ETS covers private businesses that employ 100 or more employees, the Illinois rule expands upon the federal ETS to include State and local government employers that employ 100 or more employees.
The following requirements become effective February 24, 2022:
- Establish policy on vaccination
- Determine vaccination status of each employee, obtain acceptable proof of vaccination, maintain records and roster of vaccination status
- Provide support for employee vaccination
- Require employees to promptly provide notice of positive COVID-19 test or COVID-19 diagnosis
- Remove any employee who received positive COVID-19 test or COVID-19 diagnosis
- Provide each employee information about the ETS; workplace policies and procedures; vaccination efficacy, safety and benefits; protections against retaliation and discrimination; and laws that provide for criminal penalties for knowingly supplying false documentation
- Report work-related COVID-19 fatalities to IL OSHA within 8 hours and work-related COVID-19 in-patient hospitalizations within 24 hours
- Make certain records available
The following requirement becomes effective March 25, 2022:
- Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer)
The full text of the Federal ETS can be found above at OSHA Standard 1910.501. A recap of the parameters of the ETS can be found at this earlier Klein, Thorpe & Jenkins e-Note: UPDATED: OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).
It is crucial to note that at present, despite litigation surrounding the federal ETS, there is no legal restriction excusing the implementation of the ETS on covered employers.