Labor Dept/OSHA vaccine mandate released for millions of US employees. Testing option too.

November 4, 2021

UPDATE 11/6/21: Federal Appeals court judge has issued a TEMPORARY STAY on this OSHA rule as the litigation plays out. Keep in mind this is not the only lawsuit over this rule and there will be more orders coming from different judges in the federal court system. I will update once there is a conclusion.

The Labor Department and OSHA’s rules regarding vaccine mandates for companies with more than 100 employees are now out.

Before you comment – please watch this whole video. And also understand – this rule is already being challenged in court by states and private companies. And we don’t know the outcome of any of that yet.

Bottom line – OSHA’s Emergency Temporary Standard says employees of companies with more than 100 employees have until January 4^th 2022 to be fully vaccinated or be subjected to weekly Covid19 testing whether you are full time or part time. But there’s a lot to unpack I’m going to highlight 6 major issues.

First — I told you these rules were coming in this video I just posted on Tuesday. And if you are questioning what an osha emergency temporary standard is – please go watch that video.

Second – this Emergency Temporary Standard for vaccine and testing says — if you work for a company with more than 100 employees, you either have to be fully vaccinated by January 4^th or get tested for Covid19 every week. Also, if you refuse to be vaccinated and instead undergo the testing osha says you must wear a mask while at work.

Third – OSHA says its Emergency Temporary Standard rule overrides any state or local rule or law that bans or limits an employer from requiring you to get a vaccine, be tested or wear a face covering.

Fourth – there are some exceptions to this rule. Those of you who work from home and don’t interact face to face with other workers or patrons even if your company has more than 100 employees don’t have to comply with any of this, unless your employer decides to make it a blanket requirement for everyone. Of course, you may be granted a religious or medical exemption that would exclude you. And this specific rule does not apply to federal contractors, subcontractors and health agencies that get money from Medicare and Medicaid because the President already signed an executive order that mandates a vaccine by January 4^th 2022 with no testing option.

Fifth – compliance. According to the osha rule – you must give proof of vaccination to your employer and your employer must keep that private but on file to be compliant with osha. And if you or your employer don’t comply there are hefty fines. Osha will conduct on-site workplace inspections and impose penalties for noncompliance. Those can range from $13,653 per serious violation up to $136,532 if a company willfully violates the rules.

Sixth – costs. Osha says your employer must give you paid time off to get the vaccine and give you time off to recover if you have side effects. If you choose to be tested instead of being vaccinated, you may have to pay for that testing out of your own pocket. Your employer is under no obligation to pay for it unless there is a separate deal with your union or other laws that would require it.

Read OSHA’s FAQ on the Vaccine and Testing ETS here.

Read OSHA’s Emergency Temporary Standard here.

Read OSHA’s Emergency Temporary Standard from the National Register here.

Read the White House Fact Sheet about this ETS and extension of deadline to January 4, 2022 here.

Read the Federal Contractor/Subcontractor vaccine requirement here.

Read the OSHA rules for healthcare employees whose company receives Medicare/Medicaid funding here.