Federal Vaccine Mandate Update, Sanitation Survey, Chef's Table Moving to Spring

Federal Vaccination/Testing Emergency Temporary Standard (ETS) for Employers with 100+ Employees Released; Webinar on Monday Afternoon

Please review the following update regarding the release of OSHA’s ETS for COVID-19 in the workplace from the National Restaurant Association.

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This morning, OSHA released its long-awaited Emergency Temporary Standard (ETS) for COVID-19 in the workplace. A final version is expected to be published in the Federal Register tomorrow, November 5. Publication of the ETS in the Federal Register begins a 30 day comment period, during which OSHA will accept comments from stakeholders as it determines whether or not to make the ETS a Final Rule.

Under the ETS, employers with 100 or more employees must adopt a policy under which all employees are “fully vaccinated” (meaning two weeks after a one-shot vaccination, such as Johnson & Johnson, or two weeks after the second dose of two-shot vaccination, such as Pfizer or Moderna) by January 4, 2022. Additionally, by December 5, 2021, employers must have policies in place to provide paid time off to employees to get vaccinated, and to recover from any side effects, and to require non-vaccinated workers to be masked in the workplace (subject to limited exception). As of January 4, 2022, employees who are not fully vaccinated but who enter the workplace will be required to be tested weekly for COVID-19. The ETS lists a number of tests which are acceptable for this purpose, including tests conducted by third-parties, or tests taken by employees under employer supervision. Self-administered/self-read tests are NOT acceptable unless observed by the employer or an authorized telehealth designee.

The requirements of the rule do not apply to employees who do not report to a workplace where other coworkers or customers are present, who work exclusively outdoors, or while working at home.

Employers will be required to maintain proof of vaccination, and a roster of employees vaccination status, available for inspection upon request by the Department, but they do not otherwise need to certify. These records must be maintained as long as the ETS is in effect but do not appear to be subject to the 30 years retention requirement.  

With respect to the 100+ employee threshold, our reading is that if each franchise location is independently owned, the franchise counts its own employees only. For multi-unit franchises, they may be regarded as a "single company" if they "handle safety matters as one company." 

OSHA has also issued FAQs regarding how employers should determine whether they are covered (i.e., meet the 100 employee threshold), preemption of conflicting state and local laws, the obligation of states that administer their own state-run OSHA plans, and proof of acceptable employee documentation. 

Overall, we are pleased to see that OSHA allotted employers a ramp-up period to January 4, 2022 (post holidays) to adopt a vaccine policy. We repeatedly made this request of OSHA in various stakeholder meetings, as well as our letter to and meeting with OIRA. We are also pleased to see that the employer is not required to shoulder the expense for testing. We, however, remain concerned about the logistics and compliance burdens this rule poses to the industry given the continuing recovery challenges, labor shortage, and serious supply chain constraints. Also top of mind is potential liability questions and enforcement actions. We fully expect that this rule will be immediately challenged as multiple Republican Attorneys General have pledged to file lawsuits against its constitutionality. Moreover, the interplay with conflicting state and local laws will further entangle the rule.  

The White House reached out to us via a phone call early this morning to review the rule's main provisions. as detailed above.  The big takeaway from that call is that they do not view the January 4 deadline as a "cliff," rather a target date for "good faith employers" taking the right steps to get their workforce vaccinated. We participated in a call with DOL/OSHA today at 1:00pm to further discuss the ETS rule and implementation.  

The Association will be further examining the 490-page rule closely, and will provide additional guidance in the coming days. 

Please do not forget to register for our webinar with legal experts on Monday, November 8 at 3:00pm (Central) to review the rule and discuss the most recent guidance on religious exemptions.  

Additional resources and information is below:

• White House Fact Sheet
• Walsh-Zients Op-ed
• Main DOL ETS page
• DOL Resources About the Standard:
  • Webinar
  • About the ETS
  • ETS Summary
  • FAQs
• Federal Register

Brief Survey on Sanitation Manager Training

The IRA is currently reviewing our sanitation certification class offerings and how we reach industry professionals to provide training. 

Please take one minute to complete our survey for restaurant and hospitality owners, operators, and employees.

ICYMI - Chef's Table Moving to Spring 2022

The 43rd Annual Chef's Table benefiting the IRA Educational Foundation is moving to Thursday, April 21, 2022 at Theater on the Lake in Chicago.

If you are interested in sponsoring the event, please contact Katie Driscoll for more information. 

For information on how to donate to the silent auction or if you are interested in hosting a chef station, please contact Clare Boyce.

Illinois Department of Revenue Guidance - Third Party Delivery Services Must Collect and Remit MPEA Tax and Chicago Soda Tax

Monday Deadline for Requests for Qualifications for Chicago Riverwalk Community Marketplace for the 2022 Season

The City of Chicago is inviting food and beverage, retail, arts and other businesses to apply to operate a concession on the Chicago Riverwalk Community Marketplace for the 2022 Season, beginning next May. The Riverwalk Community Marketplace is located on the south bank of the Chicago River between Michigan Avenue and Wabash.  

Minority and women-owned businesses are strongly encouraged to respond, as those vendors that opened seven days per week during the 2021 season generated more than $100,000 in total revenues.  

Applications to join the program are due Monday, November 8. Click here for more information.

Cardenas for Board of Review Event