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ETS on COVID vaccine mandate for private companies with 100 or more workers halted temporarily, pending judicial review.
This past weekend, the US Court of Appeals for the Fifth Circuit issued a stay of the emergency temporary standard (ETS) announced by the Occupational Safety and Health Administration (OSHA) last week. The ETS mandated COVID-19 vaccination or weekly testing for employees of private companies with 100 or more workers. The stay of the mandate is only temporary and could be lifted after the court completes its expedited judicial review, which could happen quickly as the court also spelled out an accelerated briefing schedule.
Employers subject to this ETS should promptly review and revise their existing policies, or adopt new ones, to conform to the requirements described above. Whether to require vaccination or to permit employees to choose weekly testing is an important decision, and what’s right for one organization may not be right for another. Relevant considerations will include the nature of the organization, risk of transmission, current vaccination status of workers, and the impact of requiring vaccination on the organization’s staffing or ability to attract employees.
Employers have 30 days (until Dec. 5) to develop a communication strategy and procedures for obtaining information about vaccination status from employees and proof of vaccination from vaccinated employees.
Please refer to the OSHA resources listed below for more information on the ETS, or visit the OSHA COVID-19 webpage.
- Three-page ETS Summary
- Comprehensive FAQ
- Mandatory Vaccination Policy Template
- COVID-19 Vaccination, Face Covering, and Testing Template
HAI will host an HAI@Work webinar on Nov. 18 to provide further information on the mandate. More details about the webinar will be announced soon. Meanwhile, HAI will keep members informed of further developments as they become available.