Supreme Court Update
The Illinois Department of Labor is aware of the
United States Supreme Court decision that was released on January 13, 2022
staying the Federal OSHA COVID-19 vaccination and testing emergency temporary
standard. Because IL OSHA’s preemptory rule incorporates the federal
standard, IL OSHA will similarly stay enforcement of its rule while it monitors
federal litigation and determines next steps. Please check back at our website for updates.
Update Regarding OSHA COVID-19 Emergency Temporary Standard
This applies to state and local government employers.
Private sector employers are under federal OSHA jurisdiction (www.osha.gov).
On January 7, 2022, the Illinois Department of Labor filed Peremptory Rules to adopt the Federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard, as required by federal regulation and state statute. These Rules are effective immediately, but give employers under the jurisdiction of Illinois OSHA until January 24 to begin to come into compliance with the requirements of the Emergency Temporary Standard by developing a workplace policy regarding vaccination and testing in accordance with the ETS. Employers must establish and implement their policy by February 24, 2022 (see table below). The Emergency Temporary Standard is scheduled to expire on July 24, 2022. Questions regarding the ETS may be directed to email@example.com or 217-782-9386.
|Table of effective dates|||||
| Please see
OSHA Standard 1910.501 for paragraph references.|||||
February 24, 2022||
March 25, 2022|
|Establish policy on vaccination (paragraph (d))||X|| |
|Determine vaccination status of each employee, obtain acceptable proof of vaccination, maintain records and roster of vaccination status (paragraph (e))||X|| |
|Provide support for employee vaccination (paragraph (f))||X|| |
|Require employees to promptly provide notice of positive COVID-19 test or COVID-19 diagnosis (paragraph (h))||X|| |
|Remove any employee who received positive COVID-19 test or COVID-19 diagnosis (paragraph (h))||X|| |
|Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes (paragraph (i))||X|| |
|Provide each employee information about the ETS; workplace policies and procedures; vaccination efficacy, safety and benefits; protections against retaliation and discrimination; and laws that provide for criminal penalties for knowingly supplying false documentation (paragraph (j))||X|| |
|Report work-related COVID-19 fatalities to IL OSHA within 8 hours and work-related COVID-19 in-patient hospitalizations within 24 hours (paragraph (k))||X|| |
|Make certain records available (paragraph (l))||X|| |
|Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer) (paragraph (g))|| ||X|
Illinois OSHA protects the health and safety of public employees through the inspection, investigation and evaluation of public facilities and working conditions to ensure compliance with occupational safety and health standards and conducts educational and advisory activities to assure safe and healthy working conditions.
The Illinois On-Site Safety and Health Consultation Program helps Illinois businesses meet the Federal OSHA health and safety regulations. Our
FREE consultation process is completely voluntary and primarily targeted for small to medium sized businesses.
Statement of Federal Financial Support:
In compliance with the Stevens Amendment, Illinois OSHA is partially funded by two federal grants.
The 23(g) State Plan is funded by a federal grant which constitutes fifty percent of the overall budget. Fifty percent is financed by State funds.
The 21(d) On-Site Consultation Cooperative Agreement is funded by a federal grant which constitutes ninety percent of the overall budget. Ten percent is financed by State funds.
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