cal osha vaccine mandate

New Developments With OSHA’s Vaccine-Or-Test Mandate for Large Employers

On November 9, 2021, we discussed developments with the new federal OSHA Emergency Temporary Standard for employers with 100+ employees. In that post, we explained how the ETS required such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing, and noted that the United States Court of Appeals for the Fifth Circuit had granted a temporary nationwide stay of the ETS, meaning that the ETS could not be enforced.

Since November 9, new developments have come thick and fast:

  • All challenges to the ETS in federal courts were consolidated and assigned to the Sixth Circuit Court of Appeals.
  • On December 17, 2021, the Sixth Circuit lifted the Fifth Circuit’s stay, meaning that the ETS is now once again in effect.  On December 18, 2021, OSHA announced that compliance with the ETS must begin on January 10, 2022. OSHA “will not issue citations for non-compliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”
  • On December 22, 2021, the U.S. Supreme Court granted review of the Sixth Circuit’s decision, setting oral argument for January 7, 2022.

Given the legal uncertainty, employers should be prepared to comply with the ETS by January 10, 2022. The ETS requirements are set out in our post of November 9, 2021. We will keep you posted as we learn more.

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OSHA Emergency Temporary Standard Vaccine and Mask Requirements

OSHA Emergency Temporary Standard for Employers with 100+ Employees

On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a new COVID-19 emergency temporary standard (ETS) covering private sector employers with 100+ employees that requires such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The ETS’s effective date is November 5, 2021. The ETS is already subject to extensive litigation. On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a temporary stay of the ETS. While the future of the ETS remains uncertain due to pending legal challenges, it may take weeks of planning for employers to comply with the ETS’s deadlines, so prudent employers should continue preparing for the ETS as if it is going to take effect while litigation continues.Read more

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Los Angeles County, the City of Los Angeles, and the City of West Hollywood all recently passed measures requiring certain businesses to limit admission to persons who are vaccinated against COVID-19. The measures are not all the same. Below we summarize the main requirements.Read more