COVID-19 Vaccine Mandates & OSHA’s Emergency Temporary Standard

On Thursday, November 4, the Biden administration announced that OSHA‘s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing, applying to private businesses with 100 or more employees, will take effect November 5, 2021.

All ETS requirements except testing must be met by December 5, 2021. The testing requirements must be complied with by January 4, 2022.

Leech Tishman Employment & Labor Practice Group attorneys Philip Toomey and Leah Sell have been keeping a close eye on legal developments and challenges, and have been examining what steps employers should take to effectively prepare for the new rule. Below are briefings and other resources to help employers navigate this new rule.

November 5, 2021 Briefing – OSHA’s Emergency Temporary Standard: Updates and Next Steps

Phil Toomey and Leah Sell offered this complimentary 1-hour briefing to discuss the potential impact of the ETS and what steps employers should take to effectively prepare for the new rule.

Watch the November 5 recording                    Download the POWERPOINT SLIDES

What does the ETS mean for covered employers? Phil & Leah discuss:

  • “Two-thirds of American workers” will now be covered by vaccination rules, according to a release from the White House.
  • Covered employers are required to provide paid-time for their employees to get vaccinated, and provide sick leave for employees to recover from side effects of vaccination, if needed.
  • Unvaccinated employees will be required to produce a negative COVID-19 test on a weekly basis. Unvaccinated employees will also be required to wear masks.
  • Covered employers are subject to requirements for reporting and recordkeeping.

November 10, 2021 – Back to Business: COVID-19 Vaccination, Testing, and Religious Accommodation

Now that COVID-19 vaccine mandates have been imposed by many private and public employers, imposed on government contractors, and the subject of an OSHA emergency temporary standard, many employers are forced to resolve requests for religious accommodation.

Requests for religious accommodation are the overwhelming bulk of accommodation requests related to the COVID-19 vaccine, and employers have not had easy to understand guidance to sort legitimate requests from others that are little more than consciousness or political objections wrapped in “religious” overtones or language. When, and “if,” to refuse or challenge is not always a clear choice or easy decision. While last week the EEOC provided additional guidance and a form request that employers can utilize, the guidance is still very general and the area fraught with difficulties.

Leech Tishman Employment & Labor Practice Group attorneys Philip Toomey and Leah Sell host this one-hour overview of the EEOC guidance, and offer some helpful “hints” on how to respond to, and process, requests.

WATCH THE Nov. 10 RECORDING                         Download the PowerPoint slides

Recent Client Alerts & Articles

 

October 22, 2021 Briefing – OSHA’s Impending Emergency Temporary Standard: Updates, Legal Challenges & Ongoing Employer Preparation

As we continued to keep a close eye on legal developments and challenges, national Employment & Labor Chair Philip A. Toomey and Associate Leah K. Sell offered a complimentary 45-minute briefing to provide an update on:

  • Expectations regarding what the final rule will look like
  • How the ETS may effectively deal with OSHA’s requirement to deal with immediate workplace hazards
  • Current state-level legal challenges to the ETS
  • Recent case studies
  • Employer preparation: recordkeeping requirements, methodology for ‘counting’ employees, and workplace privacy issues
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September 21, 2021 Briefing – Proof of Vaccination and Weekly COVID-19 Testing: OSHA’s Impending Emergency Temporary Standard & What It Means for Businesses Employing 100+ Individuals

Following the September 9, 2021 announcement that the Department of Labor’s Occupational Safety and Health Administration was developing an Emergency Temporary Standard (ETS), Employment & Labor Chair Philip A. Toomey and Associate Leah K. Sell hosted a 1-hour briefing to answer frequently asked questions, as many employers were already exploring vaccination and testing options and establishing secure protocols and procedures to track vaccination and testing status.

Watch the September 21 RECORDING                  Download POWERPOINT SLIDES

During this informative briefing, we answered frequently asked questions including;

  • Who is subject to the ETS? How might the 100-employee threshold be calculated?
  • What is the proposed timeline for the ETS development and compliance deadline?
  • Who will pay for the testing?
  • How do employers mandate it? What about encouragements, incentives, penalties, and assessments?
  • Will employers need to provide paid leave related to the vaccination and testing requirements?
  • What reporting and recordkeeping requirements might there be?
  • What about employee privacy?
  • If it is mandatory, and an employee refuses, what happens?
  • How will the ETS interact with current state prohibitions on employer and government vaccine requirements?
  • Are there legal challenges to the ETS?
  • How should employers approach communication with employees to provide protection on issues including accommodation, discrimination, collection and retention of personal health information, and avoiding medical examination?
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