Posted Monday, January 3, 2022

A federal appeals court reinstated the Biden administration’s coronavirus vaccination policy for large private businesses, reversing an earlier court ruling that had halted the mandate. The Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) requires all employers with greater than one hundred employees either ensure employees are vaccinated against COVID-19 or receive weekly testing.

OSHA has posted on their website the following message:

OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.

OSHA will not issue citations for noncompliance with any requirements of the rule before Jan.10. It will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, so long as an employer is “exercising reasonable, good faith efforts to come into compliance with the standard.”

Source: NAHC Report

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