After nearly two years of living with the COVID-19 virus, federal, state, and local authorities are continuing to implement, among other requirements, new vaccination mandates with the hope of curtailing the spread of the virus, including the fast-spreading Omicron variant. But these mandates continue to face legal challenges. We summarize the current status of two of these initiatives below, which include important updated deadlines. Given the evolving situation, however, it remains to be seen whether these dates will be subject to further change.
OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard
As more fully described in our prior alert, the Occupational Safety and Health Administration (“OSHA”) issued a COVID-19 Vaccination and Testing Emergency Standard (“ETS”) includes minimum vaccination, vaccination verification, face covering, testing and notice requirements. The ETS applies to all companies employing 100 or more individuals, with the exception of those employers that are federal contractors, subcontractors, or healthcare institutions
In light of multiple legal challenges, which were consolidated in the United States Court of Appeals for the Sixth Circuit, the enforcement dates under the ETS were delayed. On December 17, 2021 the Sixth Circuit rescinded a temporary restraining order blocking the implementation of the ETS. As updated by OSHA, employers must now abide by all non-testing requirements of the ETS by January 10, 2022. These...
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