(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.
Laws related to COVID-19 are quickly changing. The information provided on this website is current as of the date shown. You should always contact your lawyer to determine the current status of any information. The information contained in this website is provided solely for the general interest of clients and friends of Fellig Schwartz, LLC. This information should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your state. Fellig Schwartz, LLC assumes no liability or responsibility for any errors or omissions in the content of this website. The use of our website is not intended to and does not establish an attorney-client relationship. Please do not send us confidential information via e-mail without first obtaining permission to do so from one of our attorneys.
Our attorneys are not
certified as specialists by any applicable State Bar or similar agency. Listing
of practice areas herein does not constitute or imply a representation of
certification or specialization.
In some jurisdictions, this World Wide Web site may be considered to be advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements, or upon written information contained on this website.
regarding our website may be sent to firstname.lastname@example.org
or you may call 201-996-0024.