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OSHA Employer Temporary Standard on Vaccination and Testing: Readiness Guide for Pennsylvania Employers

January 4, 2022

The Commonwealth of Pennsylvania has prepared a readiness guide to help employers with 100 or more employees be prepared to implement the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) for COVID-19 vaccination or testing.

OSHA provides two compliance options:

1.  Develop, implement, and enforce a mandatory COVID-19 vaccination policy

2.  Adopt a policy requiring employees to either get vaccinated or elect to undergo regular

COVID-19 testing and wear a face covering at work in lieu of vaccination

The ETS was published in the Federal Register on November 5, 2021. The text of the rule can be found on the Federal Register website, and OSHA’s website contains additional information, including FAQs.

On November 6, 2021, the Fifth Circuit Court of Appeals granted an emergency motion to stay enforcement of the ETS, temporarily suspending the ETS pending further judicial review. On November 15, 2021, the U.S. Department of Labor acknowledged the Fifth Circuit’s Order and announced that OSHA is suspending its implementation and enforcement of the ETS pending further litigation. On December 17, 2021, the Sixth Circuit Court dissolved the Fifth Circuit Court’s stay of the ETS. On December 18, 2021, OSHA released guidance that it will resume implementation of the ETS.

Per OSHA: “OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.” Litigation may be ongoing. Employers should refer to the OSHA website for updated guidance.

Employers must choose how to ensure compliance. Federal guidance states that employers can mandate vaccinations for staff. To support vaccinations, the Pennsylvania Department of Health (PADOH) will continue to oversee a Commonwealth-wide vaccination program, and employers are invited to refer any staff seeking vaccination to one of hundreds of clinics in the Commonwealth providing vaccines. To find the closest vaccine provider, please follow this link. PADOH will not provide any customized support to private employers seeking to operationalize a testing program.

You can access the complete “Readiness Guide for Pennsylvania Employers” for detailed information about:

·      Vaccinating employees

·      Testing employees

·      Support from the Pennsylvania Department of Health

·      List of U.S. employers with vaccine mandates (non-exhaustive)

·      NAAT and Antigen Test Differences to Consider When Planning for Diagnostic or Screening Use

Thank you for your assistance in helping protect your employees and our nation from COVID-19.

Sincerely,

Jennifer Berrier, Secretary, PA Department of Labor & Industry

and

Keara Klinepeter, Acting Secretary, PA Department of Health

Member News – January 5, 2022

January 4, 2022

McKonly & Asbury Announces Promotions to Two Members in the Bloomsburg Office

Aaron Stagliano, CPA – Principal

  • Aaron joined McKonly & Asbury in January 2019 through the firm’s acquisition of Brewer & Company, LLC, and is currently a Principal with the firm. As a member of the firm’s Assurance & Advisory Segment, he serves a variety of clients in a number of industries, including family-owned business, construction, nonprofits, and government organizations. Aaron was previously employed by the U.S. Army as a sergeant in food services and was stationed in Germany. Aaron works out of our Bloomsburg office and holds a Business Administration Degree in Accounting from Bloomsburg University.

Diane Else, CPA, MBA – Manager

  • Diane joined McKonly & Asbury in January 2019 through the firm’s acquisition of Brewer & Company, LLC, and currently is a Manager in the firm. As a member of the Tax Segment, she handles business tax returns as well as client notices and issues with the state and IRS. She also assists with compilations and audits along with monthly accounting work for our clients. Diane works out of our Bloomsburg office and holds an Accounting degree as well as an MBA from Wilkes University.

Upcoming Virtual Roundtable for Small and Medium-Sized Manufacturers on Advanced Manufacturing

January 4, 2022

MEP Centers (IMC and NEPIRC) and small and medium-sized manufacturers (SMMs) are invited to a special webinar for SMMs to help shape the future of U.S. advanced manufacturing strategy on Jan. 12, 2022 from 3-5 p.m. EST. The National Science and Technology Council (NSTC) Subcommittee on Advanced Manufacturing is in the process of updating the National Strategic Plan for Advanced Manufacturing. The plan will improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development over the next five to ten years.
 
NIST, as the co-chair of the NSTC subcommittee, is facilitating a series of roundtables, concurrent with an RFI. The intent of the Jan. 12 webinar is to gather public input from SMMs that may be used in developing the National Strategic Plan for Advanced Manufacturing.

BlueJeans meeting information: https://bluejeans.com/911195551/3791

Public Workshop to Focus on Fairgrounds Racing

January 4, 2022

Bloomsburg Town Council is holding a workshop on Wednesday, January 19th to get public input on two draft ordinances related to racing at the Fairgrounds. Following a short schedule of races in 2021, the Fair Association is planning on expanding the schedule in 2022. Area residents have expressed concerns about the noise and dust from the racing. The Chamber of Commerce has encouraged Town Council and the Fair Association to work together to find compromises that benefit the entire community.

As currently drafted, the noise ordinance would allow racing outside of Fair week on just five additional days, which could only be Fridays and Saturdays, with races ending by 10 p.m. Fair officials have stated that additional flexibility is needed in scheduling races so as not to conflict with other venues in the region. There are reportedly eleven race events scheduled for 2022, and organizers are looking to hold up to twenty events per season, which could be multiple days. Acknowledging that racing should not go late into the night, Fair officials are asking that races that may be delayed due to accidents or weather be allowed to conclude after 10 p.m., though none would be started after that time.

The noise limit for racing is set at 70 decibels at the property line. While all race vehicles will be required to have mufflers in 2022, the ability to meet that sound level is unclear. The Town is working to have readings taken with calibrated equipment in 2022. The Association is also exploring building a wall along a portion of the track to reduce the sound level for adjacent residents.

The proposed new dust control ordinance may have less debate. Following the first race of the 2021 season, the surface of the race track was changed and Fair officials feel the dust was reduced significantly with additional improvements planned for the coming season. The Chamber of Commerce has called for some additional definitions and clarity in the draft language.

The Chamber of Commerce recognizes the importance and economic benefit of the Bloomsburg Fair and other activities that happen at the Fairgrounds throughout the year. The cancellation of the Fair twice in the past 10 years has resulted in the loss of millions of dollars in economic impact to the area, and hundreds of thousands of dollars in revenue specifically to the Town. The Fair Association is attempting to further utilize the Fairgrounds to generate activity and additional economic benefit with races. These activities should not create undue hardship or harm to the Bloomsburg community.

The Town’s public workshop will be held from 6:00 to 8:00 p.m. on January 19th at the Bloomsburg Fire Hall.

Legislature Disapproves of Governor’s Plan to Enter Greenhouse Gas Initiative

January 4, 2022

In December, the PA House approved a concurrent resolution by a 130-70 vote that disapproves the Wolf administration’s pending regulation to enter the state into the Regional Greenhouse Gas Initiative (RGGI), a cap-and-trade program for power plants in the mid-Atlantic and New England. In October, the Senate passed the same resolution by a 32-18 vote. Senator John Gordner and Representatives Kurt Masser and David Millard voted in favor of the resolution.

“Joining RGGI would do great harm and bring no benefit,” said Rep. Millard and his weekly newsletter. “RGGI was created as a means to cap CO2 emissions for power generation plants, but Pennsylvania is already outperforming most states currently enrolled in the initiative in reducing our emissions. Joining RGGI would significantly increase the operating costs for power plants, and those costs will be passed on to us as consumers at a time when we are facing the highest inflation rate in decades.”

The PA Chamber of Business & Industry supported the legislative efforts to disapprove the resolution, noting in its memo that concerns with respect to costs, leakage and impacts to manufacturing were not appropriately considered in the final rulemaking.

For the resolution to take effect and void the regulation, Gov. Wolf must either sign the resolution or let it lapse into law by taking no action, or the General Assembly must overcome his veto with a two-thirds vote in both chambers.

Gov. Wolf is expected to veto the resolution, which will open a window of ten legislative days in each chamber to attempt to override his veto. If the General Assembly cannot muster enough votes in both chambers, the regulation will be published in the Pennsylvania Bulletin, with compliance obligations beginning the start of the next quarter. Once the rule takes effect, DEP is expected to offer a six-month window to affected facilities to modify their operating permits.

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