VACCINE MANDATE UPDATE
Over the summer, the Biden Administration announced vaccine mandate requirements for employers with 100 or more employees. Recently, the Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) has been litigated in the courts. Below is the latest on where those court rulings stand:
- On Dec. 17, the U.S. Court of Appeals for the Sixth Circuit reinstated the OSHA ETS requiring employers with 100 or more employees to ensure their employees are fully vaccinated by Jan. 4 or allow employees to submit weekly negative test results. This was a reversal of the previous stay by the Fifth Circuit.
- On Dec. 22, the U.S. Supreme Court scheduled oral arguments for the ETS to occur on Friday, Jan. 7.
- To account for the litigation uncertainty, OSHA updated its enforcement policy stating that it is exercising enforcement discretion with respect to the compliance dates of the ETS and will not issue any citations before Jan. 10. In addition, OSHA will not enforce the vaccine or testing requirement until February 9 so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.
For more information, visit https://www.osha.gov/coronavirus/ets2.
Volusia County Economic Development Quarterly
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