Here we are mid-week, and employers across the nation impatiently await word from the U.S. Supreme Court as to whether they will allow the OSHA ETS requiring employers with 100 or more employees to implement vaccinate-or-test policies in the workplace. 

Here’s What We Know

The Supreme Court’s decision is pending. Since hearing the oral arguments on Friday, January 7th, there has been plenty of speculation regarding where the ruling may land, or if the court will issue a brief administrative stay until a decision can be made. In the meantime, the first compliance deadline of the ETS is here, so what does that mean for employers awaiting this decision?

What Employers Need to Know

OSHA’s initial deadline of January 10th is based upon good-faith efforts being made by employers. So, what is considered ‘good-faith efforts’?

• Employers should show that they are beginning to make efforts to comply with the mandate.
• Company leadership should be communicating a clear approach to how they plan to comply with this new policy.
• OSHA-covered employers must begin moving forward with a Vax-or-Test policy by
  • Determining the vaccination status of all its employees by obtaining acceptable proof of vaccination,
  • Maintain a roster of employee vaccination status,
  • Unvaccinated employees should be wearing face coverings,
  • Instate a policy for paid time off for vaccination and vaccination side effects,
  • Provide guidance on how employees should provide (prompt) notice of a positive COVID-19 test or diagnosis,
  • Ensure you are in compliance with not only the OSHA ETS, but also any state laws or mandates regarding testing, masking, vaccination, and PTO.