Learning Session on OSHA's Emergency Temporary Standard Regarding Vaccine Mandates

Register Today

  • When

    Tuesday, November 23rd

    12:00 p.m. to 1:00 p.m.

  • Where

    Online Via Zoom

  • Free, but you must register in advance to receive the Zoom link.

    Register Now

Update on OSHA's Emergency Temporary Standard Regarding Mandating Vaccinations

On, November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a new emergency temporary standard (“ETS”) that requires employers with more than 100 employees – firm or companywide- to develop, implement, and enforce either:

  1. A mandatory COVID-19 vaccination policy or
  2. A policy requiring all non-vaccinated employees to undergo regular COVID-19 testing and wear face coverings at work.

Given this ruling, there were numerous legal actions filed within various jurisdictions and a temporary stay was placed on the order. Within the last week we have learned:

  • After further briefing, the 5th Circuit came out with a more detailed analysis of why they believe the ETS will be determined unconstitutional.
  • There have now been legal challenges in 10 of the 13 total federal circuits and the litigation has been consolidated to the Sixth Circuit.
  • OSHA has agreed to “suspended activities related to implementation and enforcement of the ETS pending future developments in the litigation.”

We hope that before this session MN OSHA will release their State Plan for Minnesota businesses.

With that as an update, and now that the dust has had a chance to settle, we think this is a great time to have a learning session so that you can start critically thinking about compliance should the mandate stand. Even if you are not policy drafting, there a few very basic questions that all businesses should be considering at least on a conceptual level.

Given that we know businesses have been inundated with information on the ETS, we are going to handle this session a little differently. While we will cover a brief overview of the ETS at the outset, this session will be held more in an open format for discussion between participants and also for participants to ask any questions of our attorneys.

You must register in advance, if you do not register you will not receive the Zoom link to attend.

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