On November 5, 2021, OSHA’s Emergency Temporary Standard on Vaccination and Testing became effective. It requires private employers with 100 or more employees, and also public employers with 100 or more employees in states with OSHA-approved State Plans (like Illinois), to develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for a policy allowing an alternative for weekly testing and face masks, and containing additional requirements for employers, by January 4, 2022.
This federal Standard is not directly applicable to Illinois public employers. Instead, Illinois has 30 days from the date of the federal Standard in which to adopt a State emergency standard that is “at least as effective” as the federal Standard. However, on November 6, 2021, a federal appeals court temporarily halted implementation of the federal OSHA Standard. Hodges Loizzi will continue to monitor developments related to the OSHA ETS on Vaccination and Testing.
If you have any questions, please contact Barb Erickson.