Last Thursday, OSHA released its Emergency Temporary Standard with vaccination/testing requirements for employers with 100 or more employees (“Mandate”). On Saturday, the Fifth Circuit Court of Appeals issued a temporary stay blocking the Mandate. Several other courts of appeals have received similar challenges. HLPW expects these will all be consolidated in front of a single court of appeals who will decide whether to permanently stay the Mandate. Regardless of how that court rules, HLPW expects the decision to be appealed to the United State Supreme Court for a final determination.
While it is unclear whether the Mandate will go into effect, it is important for employers to understand what the Mandate might require in the future and to take certain steps to prepare in the event it does. Included in the PDF below is a summary of key takeaways.
HLPW understands employers will likely have many other questions regarding the specifics of the Mandate. Please do not hesitate to reach out to HLPW with these questions or to get assistance in drafting a COVID-19 policy.