Employers now have until Jan. 10, 2022 to develop their policy, determine which employees have been fully vaccinated and to begin requiring unvaccinated employees to wear a mask. Employers have until Feb. 9, 2022 to begin weekly COVID-19 testing for employees that decline to be vaccinated.
Employees who do not want to be required to wear a mask and submit to weekly COVID-19 testing can opt out of the masking/testing requirements by submitting a copy of their vaccination card to their county’s HR Department. Employees who are fully vaccinated (for this purpose, full vaccination does not require a booster) are not required to mask and test.
ADDITIONAL INFORMATION
KACo hosted a webinar on this topic on Nov. 30. A recording of that webinar, along with the PowerPoint presentation and sample policy templates from OSHA can be found here.
UPDATE (12/22/2021): Business groups, religious entities and 27 State Attorneys General - including Kentucky Attorney General Daniel Cameron - have challenged the rule. The U.S. Supreme Court announced yesterday it would hear oral arguments about the dispute on an expedited basis on Jan. 7, 2022.
While it is possible that the U.S. Supreme Court will take action against enforcement of this OSHA standard, it is recommended that counties prepare as if the rule will be enforced.
Please contact KACo General Counsel Tim Sturgill (tim.sturgill@kaco.org) or KACo Attorney Rich Ornstein (rich.ornstein@kaco.org) with any questions.
FREQUENTLY ASKED QUESTIONS
What does the new rule require?
Employers with 100 or more employees are required to have an OSHA-compliant vaccination policy in place by Jan. 10, 2022. Employees who are not vaccinated are required to wear a mask when at an indoor worksite beginning Jan. 10, 2022.
Beginning Feb. 9, 2022, most employees who are not fully vaccinated will have to be tested for COVID-19 weekly.
Additional information on the policy requirements can be found starting at the bottom of page two of the OSHA COVID-19 Vaccination and Testing ETS Summary: https://www.osha.gov/sites/default/files/publications/OSHA4162.pdf.
Which counties must comply?
The mandate is applicable to all counties with 100 or more employees countywide. When determining your employee count, you should use all county offices in the calculation, regardless of hiring authority. That includes those that work for the:
- Fiscal Court or Judge/Executive
- Sheriff
- County Clerk
- Jailer
- Coroner
- County Attorney
- Constables
Is there are a sample policy my county can use?
OSHA has posted two sample policies that counties can use:
- Mandatory Vaccination Policy Template – download here
- COVID-19 Vaccination, Testing and Face Covering Policy Template – download here
What are the new deadlines for compliance?
- Jan. 10, 2022 – deadline to develop OSHA-compliant policy.
- Jan. 10, 2022 – date employers must start enforcing masking mandate for unvaccinated employees.
- Jan. 10, 2022 – date employers must determine which employees have been fully vaccinated.
- Feb. 9, 2022 – date employers must begin weekly testing of unvaccinated employees.
Are there exceptions to the requirements?
Yes – Religious and medical accommodations are still required, but they must be legitimate requests. Failure to follow this requirement can result in penalties.
What are the penalties for not complying?
Failure to comply with these OSHA regulatory requirements can result in a $13,653 fine per violation. Repeated or intentional violations carry a steeper fine of up to $136,532.
