Biden's Vaccine Mandate for Large Employers
(aka OSHA's Vaccine Emergency Temporary Standards)
On November 4, 2021, OSHA published an Emergency Temporary Standard (ETS) that establishes minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the U.S. Shortly after several states and businesses sued to declare that the rule was unconstitutional. What is the status of OSHA's ETS? Who must comply? And what does it mean for Hawaii employers? Watch the on-demand webinar to find out. Note: See our updated FAQs for new compliance deadlines.
12/21 Update: On November 12, a stay order was issued to temporarily halt the enforcement of the ETS. On December 17, the Sixth Circut surprised the nation by lifting the stay order and reviving the ETS with immediate effect. The Court's decision to dissolve the stay has already led to several petitions for review to the Supreme Court. The Supreme Court might elect not to review the merits of the Sixth Circuit’s decision and could allow the dissolution of the stay to stand and implementation and enforcement of the ETS to proceed.
Key Takeaways:
Video Timestamps:
Who Must Comply: All private employers with 100 or more employees.
The Requirements: Vaccine/Testing Rules // OSHA's vaccine ETS requires all employees to be fully vaccinated OR test for COVID at least weekly and wear a face covering. Administration Rules // It also requires employers to 1) Create a written policy on vaccines, testing, and face coverings, 2) Communicate ETS policy requirements and rights to employees, 3) Provide paid time off (up to 4 hours) to get vaccinated, and paid sick leave if experiencing side effects which inhibit work, 4) Maintain records and rosters of employee vaccination/test status, 5) Comply with notice and reporting requirements when there is a positive COVID case.
Other Resources:
00:00 - Introductions
02:03 - Why It Matters
06:29 - Who Must Comply
13:05 - Who Is Exempt
14:38 - The Scope of the Rules
20:44 - Medical & Religious Accommodations
24:20 - Remote & Outdoor Employees
26:27 - Employer Costs
28:59 - Consequences of Noncompliance
30:50 - Q&A
32:17 - Proof of Vaccination?
35:23 - Medical & Religious Accommodations?
37:03 - Reporting COVID Cases?
41:51 - Employee Lawsuits?
44:12 - Outdoor Employees?
37:03 - Key Dates?
41:51 - Healthcare Facilities?
44:12 - Medical Recordkeeping?
57:20 - Who Pays?
1:00:02 - COVID-19 Testing?