![]() In a 6-3 decision in January 2022, the U.S. See, generally, the Practical Law Health and Safety in the Workplace Toolkit What is the status of the COVID-19 vaccine mandate? An ETS can issue when OSHA determines that there is a “grave danger” faced by workers that cannot wait for the normal notice and comment process for federal rulemaking. The ETS mandated employee COVID-19 vaccinations or weekly testing in businesses with 100 or more employees. 653, 655(c), 657) to protect unvaccinated employees of large employers - those with 100 or more employees - from the risk of contracting COVID-19 by issuing an Emergency Temporary Standard (ETS). In November 2021, President Biden announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) was using emergency powers granted by Congress under sections 4, 6(c), and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. Understanding the basis for the COVID-19 vaccine mandate Lawyers with access to Practical Law, however, have had the benefit of a constantly updated COVID-19 resource center, providing the latest information about COVID issues, along with forms, templates, checklists, policies, and more - all designed to help busy in-house lawyers navigate an unprecedented area of the law. Lost in the shuffle here is a critical question: Is the November 2021 vaccine mandate still in effect? The answer is “no,” though it has not always been clear. Given everything on the legal department’s plate, especially legal departments serving small businesses, it is difficult to keep up with the seemingly never-ending changes regarding COVID-related mandates, best practices, and battles between state and federal officials mixing science and politics. Employees who were 100% remote did not have to do either.Īs with many things related to the COVID pandemic, understanding and implementing rules regarding the COVID virus - like this vaccination mandate - often falls on, or is led by, the legal team. The mandate required that all employees - full time and part time - receive COVID vaccinations or, alternatively, produce weekly testing to prove they did not have the virus. In November 2021, President Biden announced a new mandatory vaccination program for all U.S.
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