Minnesota OSHA (MNOSHA) is hosting a webinar detailing the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) published by OSHA and the steps MNOSHA will be taking to review and adopt the standard in Minnesota. As part of the webinar, MNOSHA is inviting individuals and businesses to submit questions ahead of the webinars to: osha.consultation@state.mn.us.
The same webinar will be broadcast at three different dates/times:
Tuesday November 16, 2021 from 2:00 – 3:00pm
To join by computing device, register at https://minnesota.webex.com/minnesota/onstage/g.php?MTID=e90f75005cc515a30ddecfa8dc99cc679
To join by phone, call 415-655-0003 or 855-282-6330 and enter access code 2491 849 7051
Thursday November 18, 2021 from 10:00 – 11:00am
To join by computing device, register at https://minnesota.webex.com/minnesota/onstage/g.php?MTID=e7313e5bb2f9ebec649cb9f01f6ca1512
To join by phone, call 415-655-0003 or 855-282-6330 and enter access code 2494 451 6047
Monday November 22, 2021 from 10:00 – 11:00am
To join by computing device, register at https://minnesota.webex.com/minnesota/onstage/g.php?MTID=e5c328e59f3d0d6fe0c5cf90698ed360e
To join by phone, call 415-655-0003 or 855-282-6330 and enter access code 2498 503 2926
Minnesota has a State OSHA plan, MN OSHA had 30 days to adopt the Federal OSHA ETS or an equivalent standard. It is anticipated MN OSHA will adopt the federal ETS issued by OSHA on November 4, 2021.
However, application of the federal ETS under Minnesota law might be different than the application of the language of the ETS for non-Minnesota employers. For example, the ETS indicates that employers do not have to pay the cost of COVID-19 testing. However, there are Minnesota statutes which require employers to pay the cost of required testing, which might be interpreted to require Minnesota employers to pay for COVID-19 testing under the ETS, for the unvaccinated. Additionally, it is not yet clear whether, under Minnesota law, employers will be required to allow for paid time for COVID-19 testing for the unvaccinated. The Minnesota Department of Labor/OSHA has indicated that additional clarification will be forthcoming, and it is possible these questions may be addressed in this webinar.
If you have any questions about OSHA’s ETS, MNOSHA’s application of the standard to Minnesota businesses, or how to develop and implement compliant policies, please reach out to one of the employment law attorneys at Blethen Berens – Julia Ketcham Corbett, Beth Serrill, and Alyssa Nelson. We will continue to monitor changes and developments and will keep you informed as we learn more.
More guidance has been provided since this article regarding the ETS. Please see our news section for the latest update from Blethen Berens.
