OSHA Vaccine Mandate

AK
Amanda Karras
Tue, Jan 4, 2022 7:24 PM

Good afternoon -

OSHA has a notice (reprinted below my signature) on its website regarding the vaccine mandate and the state of the litigation.  Given the below, a member is wondering how others are interpreting the date on which employees will need to be fully vaccinated (if the employer is covered by the rule). This member would like to use the 2/9 date (require vaccination by 2/8 so that compliance can begin 2/9 with testing).  Is that how others read this?  (With the understanding that it is pending before the Supreme Court and things may change).  Please feel free to respond to me directly at akarras@imla.orgmailto:akarras@imla.org and I'll pass things along.  Though I suspect others may be interested in your responses so you can also respond directly to the list if you'd like.

Thanks,

Amanda

Litigation Update

OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit's stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance 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. OSHA will work closely with the regulated community to provide compliance assistance.

Amanda Kellar Karras
Executive Director / General Counsel
P: (202) 466-5424 x7116
Email: akarras@imla.org
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Good afternoon - OSHA has a notice (reprinted below my signature) on its website regarding the vaccine mandate and the state of the litigation. Given the below, a member is wondering how others are interpreting the date on which employees will need to be fully vaccinated (if the employer is covered by the rule). This member would like to use the 2/9 date (require vaccination by 2/8 so that compliance can begin 2/9 with testing). Is that how others read this? (With the understanding that it is pending before the Supreme Court and things may change). Please feel free to respond to me directly at akarras@imla.org<mailto:akarras@imla.org> and I'll pass things along. Though I suspect others may be interested in your responses so you can also respond directly to the list if you'd like. Thanks, Amanda Litigation Update OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit's stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace. To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance 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. OSHA will work closely with the regulated community to provide compliance assistance. Amanda Kellar Karras Executive Director / General Counsel P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!