Advocacy News – September 14, 2021
The Michigan Chamber issued a statement late last week in response to the Biden Administration’s announcement that it will pursue a new Occupational Safety and Health Administration (OSHA) standard requiring employers with more than 100 workers to require vaccination or weekly testing. Read the Chamber’s full statement HERE.
In addition to what the Chamber reported on last week regarding this proposal, we have gathered additional information that may be helpful to members as they begin to wrap their heads around this proposed requirement. Here is a summary of what we’ve learned:
- OSHA’s Emergency Temporary Standard (ETS) will be issued in the coming weeks.
- OSHA can utilize an ETS when they think workers are in grave danger or there is a new hazard that requires additional protection. An ETS goes into effect once it is published in the federal register and is in effect until superseded by a permanent standard.
- The comment period on the ETS begins after the ETS is issued. The expected length of the comment period for this ETS remains known.
- States with a state plan (e.g. The Michigan Occupational Safety and Health Administration, or MIOSHA) will have 30 days to implement the ETS or create a standard that is as effective as the ETS. (The definition of “as effective” remains unknown.) States that do not comply within 30 days will risk losing their “state-plan” status.
We will continue to monitor this issue as it develops. Please contact Wendy Block with any questions at wblock@michamber.com.