OSHA’s COVID-19 Vaccination, Testing, and Face Coverings Emergency Temporary Standard

In September, President Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable aspect of that plan was a directive to federal OSHA to develop another COVID-19 Emergency Temporary Standard requiring many employers to implement a “soft” vaccine mandate; i.e., to require employees to either be fully vaccinated or submit to a weekly testing. The President also directed OSHA to include in this new ETS a requirement that employers provide paid time off for employees to get vaccinated and recover from any side effects of the vaccine.

OSHA moved quickly in response to the President’s directive, and published the final ETS in the Federal Register on November 5, 2021. During this webinar, the attorneys from CMC’s OSHA and Employment Law practices provided a detailed analysis of the rule and addressed these important questions raised by the latest development on the COVID-19 front:

• What does OSHA’s new COVID-19 emergency rule require?
• Which employers are covered by the rule?
• Who (employers or employees) are required to pay for weekly testing of unvaccinated workers?
• How is "fully vaccinated" defined in the ETS and does it include booster shots?
• Does the rule account in any way for natural immunity for employees who have been infected and recovered from COVID-19?
• What type of test are acceptable for the testing program?
• What documentation is required to verify vaccination and testing status, and for how long do employers have to keep those records?
• When does the rule and its various components go into effect?

A webinar from Conn Maciel Carey LLP.

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