For Employers with 100+ Employees: Federal Appeals Court Issued an Order Which Temporarily Blocks OSHA's Vaccination & Testing ETS Mandate Now What?   Alert #61 - Published November 9, 2021

On Saturday, the federal appeals court issued an order temporarily blocking the Federal Occupational Safety and Health Administration (OSHA) Vaccination & Testing Emergency Temporary Standard (ETS) mandate which established a requirement that requires employers, with 100 or more employees (“covered employers”), to develop a policy that enforces employees to receive the vaccination or an option to provide weekly COVID-19 testing and wear a face covering while at work. The court order cited “the petitions give cause to believe there are grave statutory and constitutional issues” All the requirements of OSHA’s Vaccination & Testing ETS were set to be in effect on December 5, 2021, however the requirement to be tested for those not fully vaccinated were set to be in effect on January 4, 2022.   A fact sheet of the Federal OSHA Vaccination & Testing mandate can be found by clicking here.   And, you can find Federal OSHA implementation guidelines and sample policies clicking here.

What Covered Employers in California need to know: Since California has its own state plan, Cal/OSHA is permitted to set state rules as long as the rules provide for at least the same level of protections to employees required under Federal OSHA. Cal/OSHA will have up to 30 days from November 5, 2021 to create their own standard that must remain in effect for the same duration as Federal OSHA’s mandate. While the Federal OSHA mandate is being litigated, the recommendation is  that covered employers should still develop a plan and be ready for implementation.

As your TPO Team of Experts, we will keep you updated as important changes take place. As members, give us a call or send us an email as part of your TPO membership. Not a member? Give us a call we're here to help! 831.647.7292

All past TPO Covid-19 Alerts are available on the TPO Website

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