b'THE OFFICIAL NFBA MAGAZINEcontinued from page: 39SAFETY UPDATEin enforcement inspections. which should be adopted within six months after Interestingly, shortly after the announcementthe effective date of the ETS. An ETS is subject of Mr. Parkers appointment, which at the timeto challenge in an appropriate Federal Court of of writing this article was still awaiting SenateAppeals.confirmation, an Emergency Temporary StandardRecently OSHA has been addressing recordkeeping (ETS) was drafted, which has already been sentrequirements for any employees who receive adverse to the Office of Management and the Budget forside effects from receiving the COVID-19 vaccine. approval. An ETS does not proceed through theI feel that the simplest way to look at recordability same rule making process as does a non-emergencyis to distinguish between a vaccination mandated standard. There are more stringent criteria for suchby the employer and one that was only encouraged a standard, and I question whether COVID-19 canby the employer. Clearly, if you require your meet that test? An ETS takes effect immediatelyemployees to be vaccinated you will have to record until it is superseded by a permanent standard. Toany side effects that qualify for inclusion on your promulgate an ETS OSHA must determine thatOSHA 300 log under the OSHA recordkeeping workers are in grave danger due to exposure torequirements found in 29 CFR 1904. The same is toxic substances or agents determined to be toxicnot true if you only encourage employees to get or physically harmful. The concept is that an ETS isthe vaccine, as long as employees who chose not needed to adequately protect the workers. I thinkto get it suffer no adverse consequences because that an ETS would have met these requirements aof their refusal to be vaccinated. I believe this will year ago, but now, with effective vaccines availablebe true, even if you take steps to make it easy to just about everyone, I am not sure that an ETSfor employees to get the vaccine.can be justified. Still, I think that after having notWith everything that is going on with regards done much of anything definite for over a year,to COVID-19, we may lose sight of the fact that OSHA will move forward on the ETS. Usually, thethere are many other obligations employers have ETS is used as a model for a permanent standard, 40 / FRAME BUILDER -JUN2021'