U.S. Department of Labor Releases Emergency Temporary Standard Requiring COVID-19 Vaccination or Testing

November 4, 2021

For Immediate Release: November 4, 2021

U.S. Department of Labor Releases Emergency Temporary Standard Requiring COVID-19 Vaccination or Testing

Per State law and longstanding agreement with OSHA, Maine will have 30 days to adopt the standard for public employers

AUGUSTA - Today, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) requiring all private employers with 100 or more employees to ensure their workforce is fully vaccinated for COVID-19 or require any workers who remain unvaccinated to wear a mask at work and produce a negative COVID-19 test result on at least a weekly basis before coming to work. The standard can be found here: https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

As announced in September 2021 - https://www.maine.gov/labor/news_events/article.shtml?id=5589189 , the U.S. Department of Labor has informed the Maine Department of Labor that its requirement will apply to public sector employers in Maine, including state, county, and local governments and public school systems. Under longstanding State law and a 2015 agreement - https://www.osha.gov/stateplans/me with the Federal government, known as a "state plan," Maine is required to adopt and enforce for public employers all of OSHAs occupational safety and health standards. Maine is one of 26 states and two territories to have a state plan agreement with the Federal government.

Thus, the Maine Board of Occupational Safety and Health (BOSH) is required both by Maine statute and the longstanding agreement with OSHA to adopt and enforce for public employers OSHA's standards within 30 days of the standard's official release.

More information on BOSH and next steps can be found on the Department's website: https://www.maine.gov/labor/workplace_safety/publicsector.shtml