No. Section 11(c) of the OSH Act provides that an employer may not discharge or in any manner retaliate against an employee because the employee exercised any right under the OSH Act. 2.A.9. If an employee tests positive for or is diagnosed with COVID-19, is the employer required to conduct contact tracing? "Undue hardship" requires more than a showing of minimal Employers must require employees to provide one of the listed acceptable documents for proof of vaccination or the employee statement as described above. Stay home when feeling sick, get tested, know your choices for vaccines and masks. If that self-reporting was through oral conversation only, and not documented in some way, the employer is not considered to have retained records of that ascertainment for the purposes of this ETS. Does the roster of employees vaccination status required by paragraph (e)(4) only apply to vaccinated employees? 1.B. To ensure that employers vaccination policies under paragraph (d) are comprehensive and effective, the policies should address all of the applicable requirements in paragraphs (e)-(j) of this standard, including: requirements for COVID-19 vaccination; applicable exclusions from the written policy (e.g., medical contraindications, medical necessity requiring delay in vaccination, or reasonable accommodations for workers with disabilities or sincerely held religious beliefs); information on determining an employees vaccination status and how this information will be collected (as described in paragraph (e)); paid time and sick leave for vaccination purposes (as described in paragraph (f)); notification of positive COVID-19 tests and removal of COVID-19 positive employees from the workplace (as described in paragraph (h)); information to be provided to employees (pursuant to paragraph (j) e.g., how the employer is making that information available to employees); and disciplinary action for employees who do not abide by the policy. You may sign up for OFCCP email alerts of upcoming events and you may also submit questions or call the Help Desk for information. as recommended by local, state or federal agencies, masks, social How does the ministerial exception interact with Executive Order 11246? Covid-19 vaccination requirement works outdoors or indoors; whether the employee works in a solitary or group work setting, If you have problems accessing . Yes. An employee who does not meet this definition is not considered fully vaccinated, regardless if they have previously tested positive for COVID-19. INDIANAPOLIS As more and more workplaces and colleges require employees and students to be vaccinated, some Indiana residents are responding with an increasingly familiar refrain: It's against my religion. "credibility." accommodation process to demonstrate that they engaged in a 4.H. NOTE: These FAQs are designed to help answer your questions about the Health Order, but they are not updated as often. See https://www.dol.gov/agencies/ofccp/contact. No. Yes. The updated EEOC Guidance instructs that employees seeking a 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 . 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. To ensure employees are aware of potential consequences associated with providing false information when complying with the standard, paragraph (j) of the ETS requires employers to provide each employee with information regarding the prohibitions of 18 U.S.C. Specialist advice should be sought In other words, the employer cannot require an employee to go into the negative for paid sick leave if the employee does not have accrued paid sick leave when they need to recover from side effects experienced following a primary vaccination dose. 2.A.13. No. For more information, the CDC provides guidelines on contact tracing, which can be found at https://www.cdc.gov/coronavirus/2019-ncov/php/contact-tracing/contact-tracing-plan/contact-tracing.html. . In addition to being tested for COVID-19 on a weekly basis, unvaccinated employees must also wear a face covering at the workplace. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 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. time off for religious holidays and Sabbath observance, and Employers may set a cap on the amount of paid sick leave available to employees to recover from any side effects, but the cap must be reasonable. employers must consider the particular facts of each situation and 4.F. the EEOC Guidance refers to CDC recommendations for examples of Here Are 11 Races to Watch in the 2023 Chicago Elections. the number of employees who are seeking a similar accommodation [CDATA[/* >