Text: From: Cal Ludeman Date: January 11, 2022 at 9:16:49 AM CSTTo: All_Staff_And_Senators Subject: OSHA Emergency Temporary Standard In November of 2021, the federal Occupational Safety and Health Administration (OSHA) adopted an Emergency Temporary Standard (ETS) to require private employers with more than 100 employees to require employees present in the workplace to be fully vaccinated or wear a face covering and provide a weekly negative test. Minnesota's Department of Labor and Industry ("MNOSHA") adopted a state version on January 3, 2022, extending it to public employers within Minnesota. MNOSHA has indicated that the state ETS will apply to legislative staff, but not elected officials, who are not considered employees by MNOSHA. The state ETS took effect yesterday, but MNOSHA has stated that enforcement will not begin until February 9, 2022. Furthermore, the United State Supreme Court heard arguments on an appeal of the ETS last Friday and is expected to rule on the validity of the ETS within a few days. This ruling will have a direct impact on MNOSHA's implementation of its ETS. I want you to understand that Senate staff, working at my direction, have been following developments related to the ETS since it was adopted. During that time, work began to ensure that the Senate would be able to comply with the ETS, including review of ETS requirements, drafting a compliance plan, and identifying and communicating with vendors who can assist with confidential data storage and testing administration. I want to emphasize that compliance must and will be accomplished in a manner that preserves and protects confidential personal information. Should the Supreme Court uphold OSHA's ETS, within two weeks I would distribute an ETS Compliance Plan to all Senators and staff that provides detailed guidance for the Senate's compliance with the ETS, including :• Procedures for staff to document vaccination status (the ETS does not currently require a booster vaccination) or testing results;• Leave to be approved by leadership to obtain vaccination;• Procedures for requesting religious or medical accommodations; and• Procedures for noncompliant individuals. I appreciate your cooperation as we once again encounter unprecedented adjustments to life at the Senate. Cal LudemanSecretary of the Senate