Added FAQ 7.J. These digitally-read tests are not considered to be self-read and therefore do not require observation by the employer or an authorized telehealth proctor to satisfy the standard. mandates.1. accommodations have included deviation from company dress codes, Employer-observers may document the test result through a written statement (e.g., a notation indicating the date and time observed, the observer, and the results), a photograph of the test result, or a video of the test result, if documented and recorded by the employer-observer at the time the test is conducted or observed. endstream endobj 148 0 obj <>stream consider adjusting accommodations to meet CDC recommendations. That said, each employer must count the total number of workers it employs regardless of where they report for work on a particular day. Postal Service workers? There are nasal and saliva testing. For example, an employee's religious beliefs and practices may .table thead th {background-color:#f1f1f1;color:#222;} For State Plans covering the private sector without final approval, OSHA may revise the State Plans Operational Status Agreement to provide for federal enforcement activity. To ensure that employers vaccination policies under paragraph (d) are comprehensive and effective, the policies should address all of the applicable requirements in paragraphs (e)-(j) of this standard, including: requirements for COVID-19 vaccination; applicable exclusions from the written policy (e.g., medical contraindications, medical necessity requiring delay in vaccination, or reasonable accommodations for workers with disabilities or sincerely held religious beliefs); information on determining an employees vaccination status and how this information will be collected (as described in paragraph (e)); paid time and sick leave for vaccination purposes (as described in paragraph (f)); notification of positive COVID-19 tests and removal of COVID-19 positive employees from the workplace (as described in paragraph (h)); information to be provided to employees (pursuant to paragraph (j) e.g., how the employer is making that information available to employees); and disciplinary action for employees who do not abide by the policy. longer used for religious purposes, or if the accommodation later No. Title VII forbids employment discrimination based on religion and grants employees and job applicants the right to request an exemption, also known as a religious or reasonable accommodation, from an employer's requirement if that requirement conflicts with a person's sincerely held religious beliefs. need to choose the employee's requested accommodation if other 10.A. This provision is specifically intended to prohibit screening testing for 90 days because of the high likelihood of false positive results that do not indicate active infection but are rather a reflection of past infection. OSHA will regard a federal agencys compliance with this requirement, and the related Safer Federal Workforce Task Force guidance issued under section 4(e) of Executive Order 13991 and section 2 of Executive Order 14043, as sufficient to meet the agencys obligation to comply with this ETS under Section 19 of the OSH Act and Executive Order 12196. David E. DeCosse. The employer can validate the test through the use of a proctored test that is supervised by an authorized telehealth provider. 2.K. The ETS does not have a provision requiring notification alerts or contact tracing after an employee tests positive for COVID-19. Employers cannot assume a request is invalid because the religious beliefs in question are unfamiliar to them. =upDHuk9pRC}F:`gKyQ0=&KX pr #,%1@2K 'd2 ?>31~> Exd>;X\6HOw~ Does the ETS apply to U.S. The [CDATA[/* >