Update on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

Graphic saying "COVID-19 Update"

There has been a lot of movement since we last updated you about the status of the November 5, 2021 Emergency Temporary Standard (ETS) issued by The Occupational Safety and Health Administration (OSHA). The ETS required employees of large employers (100 or more employees, firm or company-wide) to either be vaccinated against COVID-19 or commence weekly testing by Jan. 4, 2022.

On November 12, 2021, the ETS was temporarily stayed by the U.S. Court of Appeals for the Fifth Circuit. The stay was subsequently dissolved on December 17, 2021 by the U.S. Court of Appeals for the Sixth Circuit. On January 12, 2022, the U.S. Supreme Court blocked the ETS, except for some health care employers. This means that large employers are not required to ensure their employees are vaccinated and tested.

Can A Utah Credit Union still require employee vaccinations?
Yes, Utah employers (large and small) still can require employees to be vaccinated against COVID-19. However, any mandatory vaccination program a Utah employer implements must comply with Utah’s Workplace COVID-19 Amendments law that was enacted on November 16, 2021.

The law:

  • Requires an employer to relieve an employee of a COVID-19 vaccination mandate if the employee or prospective employee submits to the employer a statement that receiving a COVID-19 vaccine would:
    • be injurious to the health and well-being of the employee or prospective employee;
    • conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
    • conflict with a sincerely held personal belief of the employee or prospective employee.
  • Requires an employer to pay for COVID-19 workplace testing
  • Prohibits an adverse action against an employee who claims relief; and
  • Prohibits an employer from keeping or maintaining a record or copy of an employee’s proof of vaccination, except under certain conditions

Contact our Compliance Specialist, Heather Line at heather@utahscreditunions.org or 801-599-2168 if you have any questions.