October 16, 2021

Volume XI, Number 289

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OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees

On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least once per week before coming to work.

The White House also announced that OSHA is developing an Emergency Temporary Standard that will require employers with 100 or more employees to provide paid time off to get vaccinated as well as to recover from vaccination.  This requirement had previously been instituted via Emergency Temporary Standard for employers in healthcare sectors, as we reported here, but had not yet been expanded to employers in other industries.

We are monitoring these developments and will post an update when more information on the parameters and scope of the proposed Emergency Temporary Standards become available.  If issued, these will be the first mandatory OSHA standards specifically targeted at COVID-19 applying to employers outside the healthcare sector.

These upcoming requirements were announced along with several other actions the Biden Administration is taking to encourage vaccination, which include, among others:

  • An Executive Order requiring all federal executive branch workers to be vaccinated against COVID-19, without the alternative of weekly testing as had previously been offered in July;

  • An Executive Order directing that the above-mentioned vaccination requirement for federal employees be extended to employees of federal government contractors;

  • The Centers for Medicare & Medicaid Services requiring COVID-19 vaccinations for employees in most healthcare settings that receive Medicare or Medicaid reimbursement, including hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. This expands a previously announced requirement that applied to nursing facilities; and

  • Calling on large entertainment venues such as sports arenas, large concert halls, and other venues where large groups of people gather to require that their patrons be vaccinated or show a negative test for entry.

© 2021 Proskauer Rose LLP. National Law Review, Volume XI, Number 253
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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Associate

Lexie Reynolds is an associate in the Labor & Employment Law Department, and a member of the Employment Law Counseling & Training, Employment Litigation & Arbitration, and the Discriminatory, Harassment, and Title VII Practice Groups. Lexie’s practice covers a wide range of matters with a focus on internal corporate and government investigations. She has represented private and public companies, boards of directors and their committees, and individuals across many different industries including entertainment, financial services, and technology.

...
617-526-9603
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
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