Legal Standing of OSHA Vaccine Mandate

(Society for Human Resources Management) The federal government and some state leaders want to require certain workers to get vaccinated against the coronavirus (or at least test weekly for COVID-19), while other state leaders seek to ban such mandates or expand exemptions. The Biden administration's OSHA mandate would require employers to prepare their COVID-19 vaccination policies and begin having unvaccinated employees wear masks by Dec 6. Covered businesses would also have to ensure that employees who are not fully vaccinated are also tested for COVID-19 at least weekly starting Jan. 4. Many employers are confused about how to move forward as courts consider legal challenges to various federal and state directives.

A federal circuit court stayed the rule while a legal challenge makes its way through the courts, and OSHA has taken some pressure off employers by suspending implementation and enforcement of the ETS. Experts say employers should still prepare to meet required policies and practices, however, because "a decision could be issued at any time, and the ETS is immediately enforceable, [so] it is possible that employers will be required to comply with the ETS on a tight schedule."

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