Good morning - I have a few questions from members for the group. As always, because these may be of broad interest, you can feel free to respond to the group, but if you'd prefer to respond just to me, please do so and I will pass along your responses. 1. First, a member is asking the group about an interpretation of the OSHA ETS (assuming the ETS is upheld and becomes applicable to municipalities, in state plan states). They are looking at proof of vaccination status where an employer previously used an honor system and collected attestations without (yet) requiring proof of vaccination. In this case, the attestation did not include all of the information that would be required in an attestation under the ETS. Section 1910.501(e)(5) suggests the employer can rely on these prior attestations without requiring the employer to go back and collect proof now, but they are wondering if others are reading it similarly and planning on relying on previous employee attestations? * Here is the language of paragraph e(5) for your reference: "Finally, when an employer has ascertained employee vaccination status prior to the effective date of this section through another form of attestation or proof, and retained records of that ascertainment, the employer is exempt from the requirements in paragraphs (e)(1)-(e)(3) only for each employee whose fully vaccinated status has been documented prior to the effective date of this section. For purposes of paragraph (e)(4), the employer's records of ascertainment of vaccination status for each such person constitute acceptable proof of vaccination." 1. Second, for those who are in State Plan jurisdictions that don't seem likely to adopt the standard, how will your city proceed? The member understands that OSHA will - worst case scenario - act to revoke state plan status, but what are you planning to do in the meantime? And if state plan status is revoked, then OSHA doesn't apply to cities anymore, right? This question is similar to one that was posed last week (see below) but I only received one response. If you can please send me your responses, I will anonymize them and send them out in a batch to the group. For now, we've only had one response, which was as follows: "I don't have an answer on this yet- except try to thread the needle and go down the middle as much as possible. One option I have discussed is not mandating a vaccine, but requiring masks and/ or testing (if that is even allowed by your state), unless the employee is vaccinated. That way the employee is not mandated to be vaccinated, but if they are not, they have to take extra Covid precautions." Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy 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! From: Amanda Karras <akarras@imla.org> Sent: Friday, November 5, 2021 4:00 PM To: disasterrelief@lists.imla.org; International Municipal Lawyers Association <ATTY-LIST@LISTSERV.MUNICODE.COM> Subject: [Disasterrelief] Question about vaccine mandate in states that prohibit vaccines A member is wondering how other local governments are handling the new CMS vaccine mandate for healthcare workers if you are in a state that specifically prohibits vaccine mandates. If you are in this scenario, have you determined that the vaccine mandate is applicable to your city/county healthcare workers? The FAQs for the CMS rule take the position that the Supremacy Clause governs. But the member is wondering what local governments are going to do in these situations where their state has taken a contrary position. Please send me your responses to akarras@imla.org<mailto:akarras@imla.org> and I'll pass them along. Thanks, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto: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!

Good morning, We are also interpreting the OSHA regulation the same way as the member in the first question below. We do not need to go back and recertify the vaccination status of staff who previously attested to being fully vaccinated and showed proof of vaccination to HR (but did not submit a copy of proof). Because we are retaining those attestation forms, we believe that we fall within the safe harbor outlined in section 1910.501(e)(5) of the ETS. Going forward, anyone who becomes newly vaccinated will need to submit a copy of their proof of vaccination. Please let us know if there is any disagreement with our analysis. With regard to the second question below, Minnesota OSHA just announced that it will adopt the federal OSHA mandate wholesale, but will "monitor current litigation and judicial outcomes and reevaluate if litigation changes MNOSHA's obligations as a state-plan state." Hope everyone is having a nice weekend. Thank you, Cari Heicklen Brunkow Assistant Hennepin County Attorney Phone (612) 543-9050 Cari.Brunkow@hennepin.us<mailto:Cari.Brunkow@hennepin.us> Pronouns: she/her/hers From: Amanda Karras <akarras@imla.org> Sent: Friday, November 12, 2021 7:12 AM To: disasterrelief@lists.imla.org Subject: [External] [Disasterrelief] Questions about vaccine mandates Good morning - I have a few questions from members for the group. As always, because these may be of broad interest, you can feel free to respond to the group, but if you'd prefer to respond just to me, please do so and I will pass along your responses. 1. First, a member is asking the group about an interpretation of the OSHA ETS (assuming the ETS is upheld and becomes applicable to municipalities, in state plan states). They are looking at proof of vaccination status where an employer previously used an honor system and collected attestations without (yet) requiring proof of vaccination. In this case, the attestation did not include all of the information that would be required in an attestation under the ETS. Section 1910.501(e)(5) suggests the employer can rely on these prior attestations without requiring the employer to go back and collect proof now, but they are wondering if others are reading it similarly and planning on relying on previous employee attestations? * Here is the language of paragraph e(5) for your reference: "Finally, when an employer has ascertained employee vaccination status prior to the effective date of this section through another form of attestation or proof, and retained records of that ascertainment, the employer is exempt from the requirements in paragraphs (e)(1)-(e)(3) only for each employee whose fully vaccinated status has been documented prior to the effective date of this section. For purposes of paragraph (e)(4), the employer's records of ascertainment of vaccination status for each such person constitute acceptable proof of vaccination." 1. Second, for those who are in State Plan jurisdictions that don't seem likely to adopt the standard, how will your city proceed? The member understands that OSHA will - worst case scenario - act to revoke state plan status, but what are you planning to do in the meantime? And if state plan status is revoked, then OSHA doesn't apply to cities anymore, right? This question is similar to one that was posed last week (see below) but I only received one response. If you can please send me your responses, I will anonymize them and send them out in a batch to the group. For now, we've only had one response, which was as follows: "I don't have an answer on this yet- except try to thread the needle and go down the middle as much as possible. One option I have discussed is not mandating a vaccine, but requiring masks and/ or testing (if that is even allowed by your state), unless the employee is vaccinated. That way the employee is not mandated to be vaccinated, but if they are not, they have to take extra Covid precautions." Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2FInternationalMunicipalLawyersAssociation%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239129518%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=h020Id%2BxoPBRMEDRTx0WTglmQd2mKV736SkaS2egk6k%3D&reserved=0>[twitter icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fimlalegal&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239139475%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Fm%2F6wZ6qYM1zuoQJtfxURfPBazArInGyrg7Klovmc0M%3D&reserved=0>[linkedin icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2Finternational-municipal-lawyers-association-inc.%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239139475%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=1Xlb2TdQ638tC4wldHZBTU232kRixGVjOizD%2Bxplhe4%3D&reserved=0> [logo]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239149432%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=HhOX4uXMfydKhVEKdBxW88COJiW17WUvHCvCZH0tZOE%3D&reserved=0> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.imla.org%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239149432%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=XS8tuKkR1eHTO%2B43K0sYaIuEsDGY1zAqiZDiRiqxpEU%3D&reserved=0> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fannual-conference%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239159386%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=eaEOIv3xzB38h8Fj8cNCa0l6PWbcYfsbSeiuzc6rmgQ%3D&reserved=0>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org<mailto:akarras@imla.org>> Sent: Friday, November 5, 2021 4:00 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; International Municipal Lawyers Association <ATTY-LIST@LISTSERV.MUNICODE.COM<mailto:ATTY-LIST@LISTSERV.MUNICODE.COM>> Subject: [Disasterrelief] Question about vaccine mandate in states that prohibit vaccines A member is wondering how other local governments are handling the new CMS vaccine mandate for healthcare workers if you are in a state that specifically prohibits vaccine mandates. If you are in this scenario, have you determined that the vaccine mandate is applicable to your city/county healthcare workers? The FAQs for the CMS rule take the position that the Supremacy Clause governs. But the member is wondering what local governments are going to do in these situations where their state has taken a contrary position. Please send me your responses to akarras@imla.org<mailto:akarras@imla.org> and I'll pass them along. Thanks, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2FInternationalMunicipalLawyersAssociation%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239159386%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=kxDIe6cWINxNnCs2k1%2BZk%2FKROEPPdeF%2BCWDdA85YkkA%3D&reserved=0>[twitter icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fimlalegal&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239169343%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=63KoSwM%2Ffta9RN%2B9UgeTMz6PFgT4SOEBpZ9aC12V6mM%3D&reserved=0>[linkedin icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2Finternational-municipal-lawyers-association-inc.%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239169343%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=v3MJzMhqdTpXplyKURhef0X3bOSu3G10VT1KFFUKWgU%3D&reserved=0> [logo]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239179299%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=lKkgjpO%2BnB2ur18lJDbsjo9KdPeKF%2FCkT6vw%2Fqo7nMk%3D&reserved=0> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.imla.org%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239179299%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=RVoNFF8p1wodn7dTTqCTJuilvu%2FgUpLdc6nAQNhbL9I%3D&reserved=0> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fannual-conference%2F&data=04%7C01%7Ccari.brunkow%40hennepin.us%7C38b80671f22a41556af608d9a5de1ad1%7C8aefdf9f878046bf8fb74c924653a8be%7C0%7C0%7C637723196239189256%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=pKCpUn8aFCytW%2F1pp0xmdZh0bMXlFPzxpkGbdhHqE4I%3D&reserved=0>, Oct. 19-23, 2022 in Portland, OR! ***CAUTION: This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly permanently delete this message from your computer system.