Federal OSHA Issues Emergency Temporary Standard (ETS)

MITA has been informed by MIOSHA that they intend on adopting the ETS by reference which simply means they will be on the same timeline for enforcement as OSHA concerning the new standard. At the heart of the ETS, employers must comply within 30 days of publication and be in compliance with Covid testing requirements within 60 days of publication of the ETS. This puts our industry on track for a Jan 4, 2022 start date.

MITA affiliate ARTBA will most likely be filing suit with a host of others concerning the ETS. It’s hard to say if the courts will issue injunctive relief concerning the matter at this time. Some members may remember earlier bulletins covering the subject were directed at the federally contracted employers. Those rules were implemented via executive order and largely did not apply to our industry. Today’s action is done through the ETS and applies to every employer with 100 or more employees.

MITA anticipates many follow-up bulletins regarding this issue but felt it necessary to provide you with OSHA’s news release.