MNOSHA has announced that it is preparing to adopt the federal COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) by reference as soon as Jan. 3, 2022. The ETS will be effective immediately in Minnesota as of the date of its publication in the State Register. MNOSHA’s state plan applies to all public and private employers with 100 or more employees, in the state, with limited exceptions.
MNOSHA will exercise enforcement discretion with respect to the compliance dates of the ETS and look to follow federal OSHA’s timeline. MNOSHA will not issue citations for noncompliance with any requirements of the ETS before Jan. 10 and will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.
The U.S. Court of Appeals decision dissolving the stay of the ETS has been appealed to the U.S. Supreme Court. MNOSHA has indicated it will react accordingly to further judicial determination as the current litigation makes its way through the process.
To learn more about the ETS requirements, you can attend one of MNOSHA’s newly added informational webinars Jan. 4, 11 a.m. to noon, or Jan. 7, 10 to 11 a.m. View registration information at http://www.dli.mn.gov/updates.
If you have questions about the ETS and/or how it applies to your business, contact one of the employment law attorneys at Blethen Berens – Julia Ketcham Corbett, Beth Serrill, or Alyssa Nelson.
More guidance has been provided since this article regarding the ETS. Please see our news section for the latest update from Blethen Berens.
