OSHA COVID-19 ETS Employee Responsibilities in Idaho, Utah and Wyoming

This page has been created by Sterling Occupational Health to help employees at businesses with more than 100 workers understand their responsibilities under the OSHA COVID-19 ETS. Additional information about these regulations can be found on our OSHA COVID-19 ETS FAQ for Idaho, Utah and Wyoming and our Face Covering Requirements pages.

If you will require regular COVID-19 testing under these rules, a Sterling Membership may help you save money. 

 

Employee Responsibilities Under the OSHA COVID-19 ETS

Are Vaccines Mandated for All Employees Under the OSHA ETS?

The OSHA ETS mandates vaccines for all employees who work for public and private employers with 100 employees or more, with the following exceptions:

  • Employees who cannot be vaccinated due to a medical condition
  • Employees who cannot currently be vaccinated because of current medical treatments but who may be vaccinated when those treatments end
  • Employees who are in a protected class by virtue of a disability or sincerely held religious belief

Under the ETS, these employees are subject to a mask mandate and testing at least once every 7 days. These employees may need to pay for testing and masks themselves, as the OSHA ETS does not require employers to pay for masks or testing.

What Proof of Vaccination Do Employees Need to Provide?

The following proof of vaccination may be given:

  • A record of vaccination form a pharmacy or healthcare provider
  • A COVID-19 Vaccination Record Card
  • A coopy of medical records documenting vaccination
  • A copy of immunization records from a public health, state or tribal immunization information system
  • Any other official documentation that shows the type of vaccine administered, the date(s) it was received and the name of the clinic site or healthcare professional who administered the vaccine
  • A signed and dated employee attestation, only if the employee is unable to provide any other acceptable proof of vaccination
What Are the Penalties for Misrepresenting Vaccination Status?

Any employee who knowingly and willfully submits false information, including false attestations or forged documents, can be criminally charged and may face a fine of up to $10,000 or 6 months in prison per offense.

Are Any Employees Exempt?

There are five groups of employees who are exempt from the mandates in the OSHA ETS:

  1. Healthcare workers covered under the OSHA Healthcare ETS issued in June 2021.
  2. State and municipal employees in Idaho, which does not have a State Plan on file with OSHA and who are not subject to OSHA rules. State and municipal employees in Utah and Wyoming are subject to the OSHA ETS unless they are already covered by the Healthcare ETS or fall under one of the other exempt groups.
  3. Employees who work exclusively from home. No regular time spent in a workplace setting other than the home is permitted.
  4. Employees who work exclusively outdoors. No regular time spent indoors or in transit is permitted. Occasional time indoors, including the use of indoor bathroom facilities and sheltered break areas, is permitted.
  5. Employees who work by themselves in spaces with no other occupants.

These employees still count toward the 100-employee threshold for the OSHA ETS, but they are not subject to the vaccine or face covering and testing mandates.

Are face coverings and testing mandated by the OSHA ETS?

Any employee at a business with more than 100 employees total who is not part of an exempt group must do one of the following:

Get fully vaccinated

Wear a face covering and submit to testing at least once per week

Employers can require more frequent testing, and they are not required to reimburse for testing or provide time off, either paid or unpaid, for testing.

Face coverings must be made from at least two layers of breathable material that prevent light from shining through when held up to a light source, secured by ties, ear loops or elastic cords that go behind the head. Face coverings must fully cover the nostrils and mouth and cannot have holes or excessive wear.

In some workplaces, a respirator, face shield or facemask may be used in place of a face covering, as long as it provides similar source control for respiratory droplets.

Face coverings are not mandated for employees whose mouths must be visibile for safety purposes, or in situations where wearing a face covering would create a risk of injury. 

What Happens If I Receive a Positive Test Result?

An employee who tests positive for COVID-19 or is diagnosed with COVID-19 by a healthcare professional must notify their employer immediately. You will not be allowed to return to work until you meet the following Return to Work Criteria:

  • At least 10 days have passed since symptoms first appeared
  • You have not had a fever for 24 hours, without using a fever reducer
  • Other COVID-19 symptoms are improving, excluding the loss of taste and smell

You may also return to work if you have received a recommendation from a licensed healthcare provider.

Your employer is not required to provide paid sick leave while you are isolating with COVID-19. You may be allowed to use accured sick days or paid time off while you recover, depending on the laws in the state where you work.