Special Notice- Vaccine Mandate Injunction Lifted

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Vaccine Mandate Injunction Lifted

On December 17, 2021, the US Court of Appeals 6th Circuit dissolved the injunction previously issued by the 5th Circuit on November 12, 2021. The decision, many think made in part due to the latest surge caused by the omicron variant, stated OSHA “must be able to respond to dangers as they evolve.” However, with many legal appeals already filed to the US Supreme Court, things may change again.

What you need to know now:

The Emergency Temporary Standard (ETS) is now enforceable again so nothing has changed except the deadlines. It still applies to most employers with 100 or more employees and most employees are included.

Given that the first deadline has passed, OSHA has revised the deadlines to give employers more time to comply. With the new deadlines, covered employers will need to:

By January 10, 2022 (previously December 4, 2021):

develop a compliant policy regarding mandating vaccinations or testing & masking, which is easiest to do by using OSHA’s templates found here: vaccine only and vaccine / testing / masking.)
establish a method to track the vaccination and reasonable accommodation status of all employees
determine which employees are covered by the ETS
develop paid time off policies to cover time to get vaccinated and to recover from the side effects
establish a procedure for processing reasonable accommodation requests
inform employees of your policies, timing, and their rights and responsibilities
develop compliant record-keeping procedures
implement OSHA reporting and employee response procedures

By February 9, 2022 (previously January 4, 2022):

if implementing the optional testing and masking option, create a system to track weekly test results
determine whether you can or will require employees to pay for their tests and/or masks

What’s next:

Several legal appeals have been filed to the Supreme Court. Justice Kavanaugh may issue a decision on his own or, given the extended deadlines, he may forward for an expedited review by the full court. The good news is that once the Supreme Court rules, it will be final so we will all know exactly what is expected, when, and from whom.

Affinity HR Group is here to help you navigate through the legal decisions and OSHA deadlines. Reach out to us at 877-660-6400 or contact@AffinityHRGroup.com.

The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read. We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.

Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. We are an endorsed HR partner of a number of leading national trade associations and offer free initial consultations and discounted services to their member companies.
Email us at contact@affinityhrgroup.com or call 877-660-6400.

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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.