What to Do When OSHA Releases Its Emergency Temporary Standard for Mandatory Employee Vaccinations

Events / Time and date to be determined. To be held the next business day following issuance of the regulations.

OSHA's new guidance will affect potentially 80 million private sector employees.

The White House has directed the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) requiring employers with more than 100 employees to ensure their workers are fully vaccinated or tested weekly for COVID-19. Because the White House has provided no details, employers are without clarity as to important issues, such as:

  • How long employers will have to come into compliance with the ETS.
  • Whether employers will be required to provide paid time off for vaccinations, testing and recovery from post-vaccination effects.
  • What record-keeping and reporting requirements employers will have to adhere to.
  • What to do if the ETS conflicts with state or city law, including but not limited to state OSHA regulations.
  • Whether and what exemptions will be allowed.
  • What proofs of vaccination will be acceptable.
  • Whether and what penalties will be assessed for noncompliance.

To help employers understand and comply with the ETS, BakerHostetler will be holding a webinar the next business day after the ETS is published. Our OSHA Vaccine Mandate Team will decipher the entirety of this new Standard and provide real-time guidance on what employers need to do to comply with it.

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