What To Do With OSHA’s Vaccine Mandates

Will you implement the OSHA emergency standard despite legal challenges? Learn the specific steps employers should take.

On September 9, President Biden issued a strong executive order directing OSHA to issue an Emergency Temporary Standard (ETS) requiring private employers with more than 100 employees to mandate COVID-19 vaccinations or allow an exception for testing.

OSHA issued this ETS on November 4. Employers have to comply with all aspects of the ETS by December 5, except for the mandatory testing, which is effective January 4, 2022. There have already been legal challenges to the OSHA ETS, and the 5th Circuit stayed enforcement of the ETS. All the cases brought challenging the ETS have been consolidated and will be heard by the 6th Circuit. This issue could ultimately be presented to the U.S. Supreme Court.

Meanwhile, you need to know what steps to take next.

• What did President Biden’s executive order include?
• Is it effective now or after the legal challenges are concluded?
• Should you mandate the COVID-19 vaccine?
• Is it legal to make it mandatory?
• What should you consider if you do want to make it mandatory?
• If you make it mandatory, do you need a vaccine policy?
• What should a mandatory vaccination policy include?
• What would be required if you decide to require weekly testing instead?
• To what accommodations are employees who cannot get vaccinated entitled?
• How do you require proof of vaccinations?
• What information do you need to provide to your employees?
• What about PTO to get the vaccines?
• What if an employee has an adverse reaction?
• What are your requirements to maintain vaccination confidentially?
• Do you have to provide an employee with individuals’ vaccination information?
• Do you have to tell an employee how many employees have been vaccinated?