On November 4, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration announced a new emergency temporary standard to protect workers from the spread of COVID-19 on the job. Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work. OSHA is offering robust compliance assistance to help businesses implement the standard, including a webinar, frequently asked questions and other compliance materials.

OSHA Emergency Temporary Standard Summary

OSHA: COVID-19 Vaccination and Testing; Emergency Temporary Standard

Press Release from OSHA Announcing the Temporary Standard

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issed an emergency regulation to protect those fighting on the front lines and deliver assurance to those seeking care. Facilities covered by this regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 5, 2021. All eligible staff must have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna or one dose of Johnson & Johnson – by January 4, 2022.

To view the interim final rule with comment period, visit: https://www.federalregister.gov/public-inspection/2021-23831/medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-vaccination

To view a list of frequently asked questions, visit: www.cms.gov/files/document/cms-omnibus-staff-vax-requirements-2021.docx

Read the press release from CMS at: https://www.cms.gov/newsroom/press-releases/biden-harris-administration-issues-emergency-regulation-requiring-covid-19-vaccination-health-care 

Preventing & Managing COVID-19 Outbreaks in the Workplace This guide from the Wisconsin Department of Health Services (DHS) assists employers when a worker tests positive for COVID-19. It describes how to work with local and tribal health departments to help keep workers and customers healthy and keep businesses running smoothly during the pandemic. Please note that this guidance document is meant for non-health care and non-educational settings. Wisconsin DHS has separate guidance for health care and educational settings. 
 
Would you like to provide a COVID-19 vaccine clinic for your employees?

COVID-19 VACCINATION DISTRIBUTION IMPLEMENTATION PROGRAM: Guidance for Wisconsin Employers

• Employers can play an important role in supporting COVID-19 vaccination. A 2021 survey by the Wisconsin Economic Development Corporation (WEDC) and the Wisconsin Department of Health Services (DHS) found that for Wisconsin workers, their employers and coworkers are among the most trusted sources of information about vaccines. You are in the best position to protect your business or organization, customers, clients and staff from COVID-19. A few simple communications, policies and programs can encourage COVID-19 vaccination among your workforce and help keep employees—and your community—safe and healthy.

WHAT TO DO IF AN EMPLOYEE IS SICK, TESTED POSITIVE FOR COVID-19 OR WAS A CLOSE CONTACT: 

• The CDC does not advise that employers require sick employees to provide a COVID-19 test result or a healthcare provider’s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.
• If your employee tests positive or is identified as a close contact for COVID-19, public health officials advise that employers and employees work together to determine what dates the individual would need to remain in quarantine (absent from work). Official written documentation from public health can be requested by the positive individual through this form, but a resonse would not be available for at least 5 days after the individual is tested. Due to high case volume it is taking 5-7 days for test results to populate in our database. Because test results are necessary to create specific quarantine dates, official written documentation would not be available for at least 5 days after their testing date. It is also important to remember that health information is a protected matter and it is an individual’s choice to share protected health information needed to determine quarantine dates.

ADDITIONAL RESOURCES FOR BUSINESSES/EMPLOYERS:

• Reopening Guidance
• Click here for local, state and federal resources for businesses, employers and workers: cleaning, safety, loans, unemployment and much more (Source: WCHD)
• Unemployment & COVID-19 FAQs (Source: WI Dept of Workforce Development) 
• CDC Guidance for Businesses & Workplaces 
• Worker Safety & Support (Source: CDC)
• Social Distancing at Work Flyer (Source: WCHD) 
• Focus Forward: Tools, business/community information, financial/operational assistance programs from the Wisconsin Economic Development Corporation (WEDC) and other state and federal partners to help prepare you for economic recovery.
• Wisconsin Restaurant Association Hotline for Employers: 608-270-9950 (8am-4:30pm M-F (leave a message after hours) / Email: askwra@wirestaurant.org
• COVID-19 & the American Workplace (Source: U.S. Dept of Labor) 
• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) COVID-19 Resources