One Step Closer: OSHA Submits Mandatory Vaccination Rule for Review
October 2021
On October 12, 2021, the Federal Occupational Safety and Health Administration (OSHA) submitted the proposed text of an emergency vaccine rule to the Office of Management and Budget (OMB) for review. This Emergency Temporary Standard (ETS), will effectuate the President’s announcement that employers of 100 or more employees will be required to mandate the COVID-19 vaccine or have their employees undergo weekly testing. Employers will also be required to pay employees for time off to get vaccinated or recover from vaccine related side effects.
The ETS will be reviewed by the OMB and will become effective when it is published in the Federal Register. The exact timeline is unknown, however, the ETS will likely be published in the next few weeks.
Many questions remain, for example, how will the 100 employee threshold be counted? Will employers be required to collect proof of vaccination? Will employers be required to pay for the costs of testing? Will remote employees be covered?
Stradling will continue to monitor the proposed ETS and provide further guidance when it becomes effective.
Jeff Dinkin and Jared Speier will be discussing mandatory vaccination and other developments in employment law at their annual update on November 18, 2021 at 8 am. This is the one webinar you should not miss, click the link to register.
