11-05-21 Coast Committee Memorandum

PDF Version Of This Memorandum

MEMORANDUM

DATE: November 5, 2021

TO: All Coast Longshore Division Locals

FROM: The Coast Committee

SUBJECT: COVID-19 Vaccination and Testing ETS

Yesterday, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) entitled “COVID-19 Vaccination and Testing” to minimize the risk of COVID-19 transmission in the workplace. The ETS establishes binding requirements to protect unvaccinated employees from the risk of contracting COVID-19 in the workplace. The ETS requires employers with 100 or more employees to “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead establish, implement, and enforce a policy allowing employees who are not fully vaccinated to elect to undergo weekly COVID-19 testing and wear a face covering at work in lieu of vaccination.” We are attaching the ETS fact sheet and summary. The ETS was published today and can be found at https://www.osha.gov/coronavirus/ets2 with other relevant materials. The Coast Committee understands how divisive this issue is. However, the Union cannot demand to bargain over matters required by the ETS (such as, for example, the now federally mandated vaccination or testing regime). Thus, we will be engaging the employers through the CLRC to determine how to carry out the new ETS, including ensuring the option of getting vaccinated or, in the alternative, weekly testing. Please review the attached information and distribute it to individuals as you see fit. The ETS is effective immediately but we have between 30 and 60 days from publication of the ETS to carry out the requirements of the ETS. We will distribute additional information after we have met at the CLRC level to determine the next steps.

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