On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating COVID-19 prevention and control policies, and federal guidance and regulations, including those withdrawn by OSHA following the recent U.S. Supreme Court decisions.
To follow up on the webcast, please see below five questions and answers raised during the webcast.
Q. Do employers with fewer than 100 employees need to establish COVID-19 policies and procedures?
A. Yes, all employers need to comply with the General Duty Clause enforced by OSHA. Although there is no standard now following the U.S. Supreme Court’s decision suspending the Vaccination or Mandatory Testing and Face Covering Emergency Temporary Standard, OSHA is expecting employers to have a written COVID-19 prevention and control plan. Healthcare employers certified by the Center for Medicare and Medicaid Services (CMS) must require vaccinations of all personnel in addition to complying with the General Duty Clause. The list of health care employer entities that must comply is in the CMS Interim Final Rule for CMS certified facilities participating in the Medicare and Medicaid programs.
Q. Does OSHA provide any recommended language or guidance for employers creating COVID-19 prevention and control plans?
A. Yes, employers can refer to the OSHA website for model plans, ...
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