For the latest about OSHA guidance and vaccine mandates, pleasesee our most recent ENR coverage of the ongoing issue。
美国职业安全和卫生管理局的新指南正在导致承包商改变其COVID-19-19疫苗要求，其中许多人批评该指南是完全反对拜登政府所宣称的增加疫苗接种的愿望的指导。
On April 20, OSHA released the new guidance in the经常问的问题其网站的COVID-19安全合规性。
The question asks whether an employer should record adverse reactions to COVID-19 vaccination if the employer requires the vaccine. OSHA states that if a vaccine is required, then any adverse reaction is considered work-related and therefore it must be recorded. Under OSHA rules, most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Recorded injuries and illnesses become part of a contractors safety record.
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This is the actual text of the new question and answer on the OSHA website:
“如果我要求我的员工接受Covid-19疫苗作为其就业条件，那是对疫苗可记录的不利反应吗？
"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7."
In response, several large contractors said they have changed or will change their vaccination policy to only recommend—not require—a vaccine.
克莱科（Clayco）的创始人兼执行董事长鲍勃·克拉克（Bob Clark）在最近的一次新利luckENR关键路径播客。“我经常与OSHA相处，我们正在参加VIP计划，但是在此方面，这是错误的。这是他们做出的可怕决定，我认为这会被推翻。”
Clark said Clayco, which participated in crafting the initial Centers for Disease Control guidance on construction site safety during the pandemic, would be communicating with OSHA through members of congress to seek changes to the guidance. A spokeswoman for OSHA did not immediately return messages asking for clarification of the new guidance. Construction industry groups universally panned the guidance and said it would hurt their efforts to encourage employees to get vaccinated.
"What they put forward could potentially discourage employers from supporting their workers getting the vaccine," said Kevin Cannon, senior director of safety and health services at the Associated General Contractors of America. "AGC is not in support of any mandate, however we participated, April 19th through 23rd, in vaccine awareness week. We had a lot of members who were in chapters that supported the event. We even had some who hosted vaccine clinics on an active job site or in their offices."
坎农说，如果当时知道他们可能“有可能记录这些潜在的不良反应”，一些成员承包商可能已经改变了对这些事件的方法。
AGC还关注规则了contractors working on projects such as hospital expansions, where vaccination could potentially be an owner condition of being present on the site, in a difficult position.
Cannon said AGC has reached out to OSHA as part of the Construction Industry Safety Coalition, a group of 30 industry groups from all major types of construction, to give OSHA more context as to the burden the guidance places on contractors. AGC plans to submit a letter to the agency with chapter input to the agency.
'Caused Significant Confusion'
相关建筑商和承包商公共事务高级总监Donna Reichle说：“我们同意OSHA对此指导引起了极大的困惑。行业团体将寻求该机构的澄清。”
OSHA has been工作数周on an all-industries COVID-19 emergency safety standard, which is now being reviewed by the Biden administration's Office of Management and Budget. Release of the final rule is believed to be coming soon. It is possible the new safety standard could preempt or replace the April 20 guidance to employers. It's unclear, at this point, if separate rules will be made for industries such as construction, where liability and risk are defined differently than in industries where work takes place in a company facility.
199年整体住院和死亡人数的数量也极大地影响了CDC，OSHA和各个州的建议。坎农说，当前的指导，如果不变，则有可能撤销几个月的行业工作，以鼓励对建筑工人进行疫苗接种。
AGC公共事务副总裁Brian Turmail说：“这几乎就像他们还没有与拜登政府的其他地区谈论获得尽可能多的人接种疫苗的目标。”
更新：On July 27, OSHA released new guidance that recommends fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protect unvaccinated workers and also recommended that fully vaccinated workers who have close contacts with people with coronavirus wear masks for up to 14 days unless they have a negative coronavirus test at least 3-5 days after such contact (updated Sept. 10).
