OSHA Vaccination Mandate Faces Uncertain Future
Robert G. Chadwick, Jr., Managing Members, Seltzer, Chadwick, Soefje & Ladik, PLLC
On September 9, 2021, President Biden ordered the promulgation by OSHA of an Emergency Temporary Standard (ETS) applicable to employers with 100 or more employees. Under the ETS, covered employers will be tasked with requiring employees to be either fully vaccinated or tested weekly for COVID-19. Covered employers will also be required to provide employees paid time off to (1) obtain vaccines, and (2) recover from the side effects of vaccinations. An employer which violates the ETS will be subject to a penalty up to $14,000 per violation.
Many employers may welcome an OSHA standard as support for (1) existing vaccine mandates, or (2) new vaccine mandates. Still, the ETS announced by President Biden faces an uncertain future for at least three reasons.