Date: November 10th, 2021
From: Innovise Risk Control
To: All Clients and Others
RE: COVID Vaccine Mandate – OSHA Rule and Supreme Court – Where Are We at Today?
The rules regarding COVID-19 continue to ebb and flow at a rapid pace.
What we currently know:
On November 4th, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers of 100 or more employees, to implement COVID-19 vaccine requirements or require employees to present evidence of weekly negative COVID-19 tests.
This rule was swiftly met with challenges and on Friday, November 5th, the Fifth Circuit granted an emergency motion to stay the enforcement of the ETS.
What does this mean to employers?
As this topic remains to be very dynamic, employers continue to be caught in the middle. Employers are compelled to continue the delicate balance of meeting Federal, State, and Local requirements while maintaining a productive workforce and continuing operations.
It is best for employers to continue to understand the rigorous requirements of the ETS. It is not clear what the impact of the Fifth Circuit will be as it did not indicate whether it intended the stay to be effective nationwide. Additionally, there are other challenges filed in other jurisdictions and this will take time to sort through.
Employers who wait to see what will happen may be caught with little or no time to prepare to meet requirements, should any or all ETS requirements ultimately be upheld.
Currently, the ETS is planned to be upheld January 4, 2022.
Employers should continue to monitor local requirements as well as Federal decisions in the districts which they are operating. See map below: