Iowa Labor Commission not adopting OSHA ETS

On Friday (Jan. 7), Iowa’s labor commissioner announced that Iowa submitted official notice that it will not be adopting or enforcing the Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS).

The ETS requires employers of 100 or more employees to require vaccination or weekly COVID testing of their employees.

Iowa is among 22 states that have an individual state plan for workplace safety, which gives the state the option of writing its own workplace rules for public and private sector workers. But those rules can’t be weaker than what the federal Occupational Safety and Health Administration requires. Iowa Labor Commissioner Rod Roberts said in a news release that the state has determined its existing standards “are at least as effective as the federal standard change.”

Also on Friday, the U.S. Supreme Court heard oral arguments on whether to reimpose a stay of the ETS. The Court has not yet issued a ruling.

Because of the legal challenge and the position of Iowa’s labor commissioner, Drake will delay taking additional steps to comply with the ETS until there is greater legal clarity.

In the meantime, Drake strongly encourages all employees to get the COVID-19 vaccine—including a booster shot—when advised. Employees who choose to get vaccinated should provide proof of vaccination through Drake’s secure online form. If you have previously provided proof of vaccination and have since received a booster shot, please upload a photo of your updated vaccination card, noting the completion of your booster, by selecting “submit proof of booster.”

Questions about the ETS or Drake’s decision to delay implantation can be directed to drakehr@drake.edu.

Maureen De Armond, Human Resources; Chris Nickell, Environmental Health & Safety