Update (December 3, 2021): OSHA has extended the comment period for the ETS until January 19, 2022 Source: Business Insurance
Update (November 18, 2021): OSHA has suspended enforcement of its nationwide requirement that large employers ensure that their workers are either vaccinated against COVID-19 or tested weekly for the virus by January 4, 2022. Source: Mercury News
The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) recently announced an emergency temporary standard (ETS) that requires employers with at least 100 employees to adopt a mandatory vaccination policy unless they adopt a policy requiring unvaccinated workers to undergo weekly testing and wear a face covering at work. Covered employers must also provide paid time-off for workers to get the COVID-19 vaccine and ensure that workers have paid sick leave to recover from any side effects that prevent them from working. This DOL news release provides additional details.
Shortly after the OSHA ETS was issued, the United States Court of Appeals for the Fifth Circuit issued an emergency stay pending further action by the Court. This action is only temporary but could become subject to a permanent injunction issued by the Fifth Circuit, which includes Louisiana, Mississippi, and Texas. As the National Law Review advises, “While the final result is unknown, it will take weeks of planning for employers to comply with ETS’s deadlines. Accordingly, employers may want to continue preparing for the ETS as if it is going to take affect while litigation continues.
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