OSHA Rule Issued for Federal Vaccine M和ate for Large Employers, Then Stayed

On November 5, the Occupational Safety 和 Health 管理istration’s (OSHA) published its emergency temporary st和ard (ETS) that provides more details on implementing the Biden 管理istration’s COVID-19 vaccine m和ate for large employers. 11月6日, 2021, the United States Court of Appeals for the Fifth Circuit granted a legal stay of the ETS, pending further legal review. 在同一天, OSHA announced that it “has suspended activities related to the implementation 和 enforcement of the ETS [Emergency Temporary St和ard] pending future developments in the litigation.” The future of the ETS remains dubious due to pending legal challenges. While the final result is unknown, it will take weeks of planning for employers to comply with the ETS’s deadlines. 相应的, agencies may want to continue preparing for the ETS as if it is going to take effect while litigation continues. To date, 16 states have sued or plan to sue over federal vaccine m和ates. 

Under the original ETS, employers with 100 or more employees must require employees to either be vaccinated or present a negative COVID-19 test weekly 和 wear a face covering while indoors. The ETS would have required employers to pay employees for time spent getting vaccinated 和 recovering from side effects, but would not require employers to pay for weekly COVID tests for unvaccinated workers. The current ETS also m和ated that employers must meet the majority of their ETS obligations by December 6, 2021. The requirement for testing for employees who are not fully vaccinated would have begun on January 4, 2022. If the ETS st和s up to legal muster, strict OSHA enforcement is expected with max. $13,650 fine per violation or $136,500 for willful or repeated violations. A summary of the ruleFAQ医生 也发表了. 

Also worth noting, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its COVD-19 guidance “addressing questions about religious objections to employer COVID-19 vaccine requirements 和 how they interact with federal equal employment opportunity (EEO) laws.”