"In addition, covered employers must ensure 6 feet of distance between workers. In situations where this is not possible, employers should erect barriers between employees where feasible." Covered employers also must provide workers with paid time off to get vaccinated and recover from side effects. Employees who test positive for the coronavirus or could be contagious must work remotely or separately from other workers or be provided paid time off (up to $1,400 a week). Tax credits under the American Rescue Plan may cover paid time off for employers with fewer than 500 employees. Notably, under the ETS, fully vaccinated workers do not have to wear masks, keep physically distant or use barriers "when in well-defined areas where there is no reasonable expectation that any person will be present with suspected or confirmed coronavirus." Pierce Blue, an attorney with Morgan Lewis in Washington, D.C., said the standard imposes a number of new requirements on health care employers that they should carefully follow. "It is important to note, however, that the standard does not apply to all workspaces in the health care sector. Employers should carefully review the standard to determine where it applies and where it does not." Logsdon observed that many health care employers already have been practicing most of the ETS requirements. However, some of the rules may require employers to adjust their policies or take additional steps. The ETS appears to be very consistent with existing OSHA guidance on COVID-19 workplace safety, Deffebach noted, but the new mandate may give OSHA "greater enforcement teeth" than under the Occupational Safety and Health Act's general duty clause, which requires employers to provide a work environment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm." "OSHA is increasing its resources, particularly in enforcement, and is encouraging in-person inspections," observed Courtney Malveaux, an attorney with Jackson Lewis in Richmond, Va. Apart from employers who work as contractors in health care settings, the new standard means very little for other employers, Malveaux explained. "The more significant story for non-health care employers is the new guidance that OSHA published … particularly as it relates to vaccinated and unvaccinated individuals in the workplace." Most employers that are not covered by the ETS or involved with public transportation "no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure," except when measures are "required by federal, state, local, tribal, or territorial laws, rules, and regulations," according to OSHA. "Fully vaccinated" means two weeks have passed since the employee received the final dose of a vaccine authorized by the U.S. Food and Drug Administration. Employers need to continue taking steps to protect unvaccinated and otherwise at-risk workers who may have a weakened response to the vaccine. Identify opportunities to get vaccinated. Properly wear a face mask that covers the nose and mouth. Stay at least 6 feet away from other people. Be aware of whether rooms are properly ventilated. Practice good personal hygiene and wash hands often. Employers can help reduce the spread of COVID-19, according to OSHA, by: Offering paid time off for employees to get vaccinated.https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/what-employers-need-to-know-about-osha-covid-19-updates.aspx
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