The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a new emergency temporary standard to protect more than 84 million workers from the spread of the coronavirus on the job. The nation’s unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.

Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.

Since 2020, the coronavirus has led to the deaths of 750,000 people in the U.S., and the infection of millions more, making it the deadliest pandemic in the nation’s history. Many of the people killed and infected by this virus were workers whose primary exposures occurred at their jobs. OSHA estimates that this rule will save thousands of lives and prevent more than 250,000 hospitalizations due to workplace exposure to COVID-19 over the course of the ETS.

“COVID-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” said U.S. Labor Secretary Marty Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19. Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect.”

The emergency temporary standard covers employers with 100 or more employees – firm or company-wide – and provides options for compliance. The ETS also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.

The ETS also requires employers to do the following:

• 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.
• 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 the required criteria.

• 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).
• 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.

The emergency temporary standard does not require employers to pay for testing. 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.

“While vaccination remains the most effective and efficient defense against COVID-19, this emergency temporary standard will protect all workers, including those who remain unvaccinated, by requiring regular testing and the use of face coverings by unvaccinated workers to prevent the spread of the virus,” said Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. “As part of OSHA’s mission to protect the safety and health of workers, this rule will provide a roadmap to help businesses keep their workers safe.”

OSHA is offering robust compliance assistance to help businesses implement the standard, including a webinar, frequently asked questions and other compliance materials.

The ETS will cover two-thirds of the nation’s private-sector workforce. In the 26 states and two territories with OSHA State Plans, the ETS will also cover public sector workers employed by state and local governments, including educators and school staff.

Leading companies, including major airlines, manufacturers and retailers, have taken similar actions in recent months – adopting vaccine requirements or regular testing as necessary measures to protect their workers and customers.

The ETS is effective immediately upon its publication in the Federal Register. Employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days of publication.

The ETS also serves as a proposal for normal rulemaking for a final standard. OSHA is seeking comment on all aspects of this ETS and whether the agency should adopt it as a final standard.

OSHA will continue to monitor the status of COVID-19 infections and deaths, as the number of vaccinated people in workplaces and the general public increases and the pandemic evolves. OSHA will update the ETS should the agency find a grave danger no longer exists for the covered workforce (or some portion thereof), or new information indicates a change in measures is needed.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance.

Source: www.osha.gov

Greenpeace paid $58,450 in criminal restitution to five local police and firefighter agencies as part of a plea agreement with 25 defendants, who executed a “takeover” of the Fred Hartman Bridge, closing the Port of Houston for approximately 24 hours in September 2019, Harris County District Attorney Kim Ogg announced Friday.

“Regardless of motive, it is illegal to risk the lives of law enforcement and ordinary people who must drive the bridge. They wasted the time of police officers and firefighters, who potentially could have been used to respond to real emergencies,” Ogg said.

As part of the agreement, the 11 people who repelled off the bridge in 2019 and the 14 people who helped them including those acting as “spotters,” admitted to their guilt to the charge of Obstructing a Highway.

They also each paid a pre-trial intervention fee of $250, and Green Peace paid $58,450.92 to the agencies affected by their actions.

The agencies compensated include the Harris County Sheriff’s Office, Houston Fire Department, Baytown Fire Department, Harris County Precinct 8 Constable’s Office, and Texas Parks & Wildlife.

The defendants repelled off the bridge and unfurled long flags to gain attention the day of a national Democratic debate of presidential hopefuls.

The group stopped traffic on the bridge and along State Highway 146, as well as ships navigating the channel and Gulf Intercostal Waterway.

The defendants were from at least 13 different states and the District of Columbia. None lived in Texas.

The case was prosecuted by Assistant District Attorney George Lindsey.

The Pre Trial Intervention agreement, signed by each defendant, states:

“I am guilty of the offense of Obstruction of a Highway by being a participant in an orchestrated take-over of the Fred Hartmann Bridge in Harris County, Texas. With the intent to comment the offenses, I solicited, directed, aided and attempted to aid , and encouraged others to attach myself and/ or others to the bridge infrastructure, rappel, and suspend myself and/ others above the Port of Houston Ship Channel. Because of my actions, shipping operations ceased for up to an including 24 hours within the Houston Ship Channel, causing unnecessary loss of income to those delayed. I understand that my actions unnecessarily put my life and the life of the first responders who ultimately rescued me, in danger of serious bodily injury and/or death. Additionally, I understand that responding law enforcement agencies utilized scarce life-saving resources that potentially could have been used in other emergencies in removing me from suspension over the Houston Ship Channel.”