The U.S. Supreme Court today blocked the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard requiring businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing. But it allowed the federal government to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.

It is very important to note that the Supreme Court did not completely do away with the OSHA ETS for private employers with 100+ employees. In the Court’s opinion, “OSHA’s COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the Sixth Circuit and disposition of the applicants’ petitions for writs of certiorari, if such writs are timely sought. Should the petitions for writs of certiorari be denied, this order shall terminate automatically. In the event the petitions for writs of certiorari are granted, the order shall terminate upon the sending down of the judgment of this Court.”

So, what does this mean for employers covered under the OSHA ETS for 100+ Employees?

While today’s decision means you no longer have to follow the January 10 deadline, it doesn’t mean that you should completely do away with all your hard administrative work preparing for compliance with this rule.

As this rule is being debated, it is highly suggested to continue developing your Company’s compliance approach during this period and be prepared to launch immediately if this rule is implemented.

Some of the key compliance components to OSHA ETS rule are as follows:

  • Develop a written policy on vaccination;
  • Determine vaccination status of each employee, obtain acceptable proof of vaccination, maintain records and roster of vaccination status;
  • Provide support for employee vaccination by providing employees reasonable time, including up to four hours of paid time, to receive vaccination doses, and reasonable time and paid sick leave to recover from any side effects experienced following vaccination doses;
  • Require employees to promptly provide notice of positive COVID-19 test or COVID-19 diagnosis;
  • Remove any employee who received positive COVID-19 test or COVID-19 diagnosis;
  • Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes;
  • Provide each employee information about the ETS; workplace policies and procedures; vaccination efficacy, safety and benefits; protections against retaliation and discrimination; and laws that provide for criminal penalties for knowingly supplying false documentation;
  • Report work-related COVID-19 fatalities to OSHA within 8 hours and work-related COVID-19 in-patient hospitalizations within 24 hours;
  • Make certain records available; and
  • Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer).

Clients wishing for additional information on the vaccine or testing mandate, please contact your Guardian HR dedicated Manager. You may also find resources such as FAQs, sample policies, accommodation request forms, sample memos, etc. in the Forms Library > CORONAVIRUS > Vaccine > OSHA ETS for 100+ Employers.

If you wish to become a client of Guardian HR and get access to all our resources including your own dedicated HR Manager and our team of employment attorneys, please contact us at sales@guardian-hr.com or call us at 888-373-4724.