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Workplace Safety Victory: New Rule Will Require Weekly COVID-19 Testing and Masks for Unvaccinated Workers

The Occupational Safety and Health Administration (OSHA), the part of the U.S. government that is responsible for worker safety and health, published a new rule to protect workers from the spread of COVID-19. The new rule will require employers with over a hundred employees to confirm whether their employees are vaccinated or not.  The new rule will also require your employer to give you paid time off to get the vaccine and recover from any side effects. Workers who are not vaccinated must wear masks at work and get tested for COVID-19 every week. Because vaccines against COVID-19 are safe and highly effective at preventing the worst effects of COVID-19, OSHA is encouraging workers to get vaccinated to protect themselves, their co-workers, and their communities. This new rule is an important victory for workers who have been fighting to prevent themselves and their colleagues from getting COVID-19 at work. 

When Should I Get Vaccinated if I Haven’t Already?

If you have not yet been vaccinated against COVID-19, now is a great time. Vaccines are safe and highly effective against COVID-19. They are free to anyone in the U.S. regardless of immigration status or whether you have health insurance. If the new rule applies at your workplace, you will be able to take paid time off to get vaccinated and recover from side effects. Getting vaccinated will save you the time and cost of weekly testing for COVID-19, too. 

The new rule is set to go into effect on January 4, 2022, and will apply to companies that have over 100 employees. The rule is currently the subject of a legal battle, but you should plan to get vaccinated now because if you are still not vaccinated by January 4, 2022, you will have to pay to get tested for COVID-19 every week and wear a mask at work. You can consult with a health professional if you have any questions about the vaccine. We are monitoring the court challenges and will update you here if anything changes.

If you were vaccinated outside of the U.S., you might need to get a different vaccine to be considered fully vaccinated. Click here or call us to learn more. 

How Can I Prove I’ve Been Vaccinated?

To prove to your employer that you have been vaccinated, you can show them your vaccination card—but you don’t have to. Instead, you can sign a document, called an attestation, where you swear that you have been vaccinated against COVID-19. This provision is helpful because some workers might use different names for work and for getting vaccinated. If you choose to sign this document to prove you were vaccinated, it is very important that you tell the truth about being vaccinated because there could be criminal penalties for lying.

I Work Outside – Will the Rule Apply to Me?

The rule will apply to companies with more than 100 employees, which means it may not apply if you work for a company with fewer employees. It also may not apply to you if you do all of your work outdoors. But even if you only work outdoors, if you are an agricultural worker who commutes to the fields on a bus your employer provides or if you live in a temporary labor camp, the new rule may still apply to your workplace. This is because, even though the risk of getting COVID-19 is lower outdoors, it is much higher on a crowded bus or temporary labor camp.

If you have questions about the new rule or about getting vaccinated against COVID-19, you can call Centro de los Derechos at 800-590-1773 from Mexico or 1-855-234-9699 from the United States. If you would like to speak with someone in Mixteco, you can reach us at 953-554-0517. Our services are free and confidential.