NAHB Publishes Guidance for Members on OSHA Vaccination and Testing Rule

NAHB has published a toolkit for the residential construction industry to help covered companies comply with the requirements of a new emergency temporary standard (ETS) from OSHA that mandates COVID-19 vaccinations for workers or weekly testing.

On Nov. 5, 2021, OSHA issued the COVID-19 Vaccination and Testing Emergency Temporary Standard to minimize the risk of COVID-19 transmission in workplaces. It requires all employers with more than 100 employees to mandate vaccinations for their workers or weekly COVID-19 tests to attend work.

Although the ETS is being vigorously challenged in courts all over the United States, its publication in the Federal Register made it effective on Nov. 5. And some of its provisions will be enforceable by OSHA inspectors beginning Dec. 6.

NAHB continues to explore all legal options regarding the ETS. But members should be aware that OSHA inspectors could be looking for violations of the rule beginning in mere weeks. Many workplaces do not routinely see OSHA inspectors. But OSHA inspections on construction sites are quite common.

NAHB's COVID-19 Vaccination and Testing Emergency Temporary Standard Toolkit is organized as a Q&A that addresses the most common questions staff have received from members so far. The most pressing concerns are the provisions that are enforceable beginning Dec. 6, including a requirement that businesses have a written policy in place that details their COVID-19 vaccination and testing plans. Other provisions that go into effect Dec. 6 include:

• Determining employee vaccination status
• Providing paid time off for vaccinations and recovery
• Requiring face coverings for unvaccinated employees
• Providing information to employees on a company's policy

The requirement that employers mandate weekly testing for unvaccinated employees goes into effect Jan. 4, 2022.

NAHB has also provided resources about vaccinations, including where to find them in your area.

NAHB will continue to update members on the status of legal challenges to the ETS.

For more information on the ETS and its jobsite requirements, contact Rob Matuga.