Article/Mention

Mini Kapoor in HR Magazine on Remote Worker Exemptions from OSHA Vaccine Requirements

November 08, 2021

Haynes Boone Associate Mini Kapoor commented in an SHRM article on how Occupational Safety and Health Administration (OSHA) vaccination and COVID-19 testing requirements do not apply to remote workers.

Below is an excerpt:

… OSHA emergency temporary standard (ETS) requiring vaccination against COVID-19 or at least weekly testing applies to employers with at least 100 employees but exempts remote workers. What are the practical ramifications of this exemption, as well as the exemption for employees who work exclusively outdoors? …

Remote-Worker Exemption

Employees who report to workplaces where no other people are present do not face grave danger from occupational exposure to COVID-19 because such exposure requires the presence of other people, OSHA noted.

For those who work exclusively from their homes or from workplaces where no other co-workers or customers are present, such as a remote worksite, the chances of being exposed to the coronavirus through a work activity are negligible.

Therefore, OSHA exempted those workers who do not come into contact with others for work purposes.

"The vaccination, testing and face mask requirements under the ETS do not apply to remote workers," said Mini Kapoor, an attorney with Haynes Boone in Houston. But the requirement to record the vaccination status of all employees applies to remote workers.

To read the full article, click here.


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