OSHA COVID-19 Vaccine Rule Under Final White House Review
On October 12, 2021, OSHA sent the proposed ETS to the White House Office of Information and Regulatory Affairs. Once the White House office concludes its review, the ETS would be published in the Federal Register and take effect immediately. OSHA may provide some limited time to comply with the ETS, but given President Biden’s push to vaccinate much of the United States’ workforce, we expect the time to comply to be limited.
Detailed information about the proposed ETS is not yet available. Under the circumstances, we suggest that employers begin preparing for the inevitable, as well as the likelihood that some employees may seek religious or medical exemptions from vaccination and even regular testing. Employers need to be prepared to handle these situations, including determining medical and religious accommodations, and for those employees who simply refuse to comply, termination of their employment.
We are closely monitoring this situation and will provide further information as it becomes available.