(Employment Practices - February 1, 2022) - Click here to check OSHA updates.

OSHA published an Emergency Temporary Standard (ETS) on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions, that covered employees either 1) be fully vaccinated against COVID-19, or 2) wear face coverings and submit weekly COVID-19 test results to the employer. After challenges, stays, reinstatements and a U.S. Supreme Court decision to stay the enforcement of the ETS, OSHA withdrew the ETS effective Jan. 26, 2022, as an enforceable standard. The ETS will continue as a proposed rule that may become a permanent standard in the future after undergoing a formal rulemaking process with a notice-and-comment period.

OSHA will continue to inspect worksites for COVID-19 safety under its current standards, including the COVID-19 National Emphasis Program and OSHA's general duty clause which requires all employers to provide a work environment that is free from recognized hazards that are causing or likely to cause death or serious physical harm.  Employers should refer to OSHA's COVID-19 Guidance which includes encouraging workers to get vaccinated, providing paid time off to get vaccinated, proper ventilation, and adopting policies for wearing masks, physical distancing, good hygiene and steps to follow if an employee tests positive.

Employers may be subject to the CMS Vaccine Mandate. Click here for more info. Employers may also wish to keep track of President Biden's Executive Order 14042.

Employers should also follow their state and local workplace health and safety plans.

Click here for information on vaccine mandates in NJ.

Cllick here for information on the vaccine mandate in NYC.


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