Advocacy News – December 7, 2021
The Michigan Chamber and the Listen to MI Business Coalition last week submitted formal public comments to the Occupational Health and Safety Administration (OSHA) on its Emergency Temporary Standard (ETS) directing certain businesses to ensure workers are vaccinated against COVID-19 or undergo weekly testing.
OSHA has suspended implementation and enforcement activities related to the ETS in response to a court order that temporarily halted the directive, but the agency has said it “remains confident in its authority to protect workers in emergencies” and “the comment period is separate from the litigation” and moving forward.
OSHA, which is part of the U.S. Department of Labor, published the ETS in the Federal Register on Nov. 5. Among other COVID-19-related safety rules, the directive requires businesses with at least 100 employees to ensure employees who are not fully vaccinated wear masks by Dec. 6 and submit proof of a negative COVID-19 test on a weekly basis starting Jan. 4.
OSHA is seeking comments on all aspects of the ETS and whether it should become a permanent standard. “OSHA encourages commenters to explain why they prefer or disfavor particular policy choices, and include any relevant studies, experiences, anecdotes or other information that may help support the comment,” according to the agency’s request.
The Listen to MI Business coalition, a coalition comprised of 26 different statewide and regional business organizations across the state of Michigan representing tens of thousands of employees, submitted its written opposition to the ETS. The coalition voiced its support for working together to encourage and educate employees about the benefits of COVID-19 vaccinations, but raised concerns about how OSHA’s top-down mandate will impact employers, employees, jobs and our economy.
The coalition’s full letter, which includes suggestions on how OSHA can make the rule less challenging, can be found HERE.
Even with implementation of the federal vaccine mandate currently suspended, the employers are encouraged to file public comments with OSHA. Written comments must be submitted by Jan. 19, 2022, at https://www.regulations.gov/document/OSHA-2021-0007-0001.