Minnesota OSHA Adopts Federal Emergency Temporary Standard Regarding COVID-19

On Monday, January 3rd Minnesota Occupational Safety and Health Administration (OSHA) adopted the federal Emergency Temporary Standard regarding COVID-19 by reference.

What does this mean?

This means all businesses with over 100 employees in Minnesota now have clarity in knowing they are required to comply with the Federal OSHA ETS in full. This includes adoption of Federal OSHA's FAQ's which are very helpful in answering questions about the ETS' requirements. [Note: OSHA's ETS already applied to all WI businesses over 100 employees]

Employers with over 100 employees have until January 10th to create a mandatory vaccination policy OR a policy where employees can choose vaccination OR weekly testing with mandatory face coverings. By January 10th employers must also have roster of all employees vaccination status, with proof of that status. If employees are allowing testing in lieu of mandatory vaccination, Employers must comply with all testing requirements by February 9th.

The USSC is schedule to hear whether a stay of the ETS should be granted on January 7th, but employers should not wait to plan for the January 10th deadline.

If you have over 100 employees and have not began creating your ETS plan, I highly recommend that you reach out to a labor and employment attorney for assistance.

If you have questions regarding these updates contact our Labor & Employment group at contact@eckberglammers.com


About Eckberg Lammers, P.C.

Founded in 1949, Eckberg Lammers, P.C. is one of the most well-known law firms in the Twin Cities metropolitan area. With offices in Stillwater and Hudson, our attorneys serve clients throughout Minnesota and Wisconsin across a wide platform of individual, business, commercial, and municipal practice areas.


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