Earlier this month President Biden issued two Executive Orders along with guidance to the Department of Labor’s Occupational Health and Safety Administration (OSHA) in support of his 6-point Path Out of the Pandemic COVID-19 Action Plan. This Plan aims to further prevent the spread of COVID-19 as Americans continue to live through the Pandemic. The following portions of the Plan are of particular significance to workers and employees:
Exemptions remain for employees who are unable to receive a COVID-19 vaccine owing to a disability or sincerely held religious belief.
It remains uncertain when, exactly, the employer mandate will take effect. Also, OSHA has yet to publish guidance with respect to how total number of employees will be counted (i.e., by worksite vs. company-wide) or who will bear the cost of weekly testing, vaccination verification protocols, and any requirements for storing vaccination record information.
Although further guidance, which we will continue to update, is almost certainly forthcoming, employers who expect to be impacted by this Plan should start preparing relevant policies and procedures now. Please contact a member of the Shulman Rogers Employment and Labor group, or the Shulman Rogers attorney with whom you regularly work, with any questions or if you would like further guidance on important implementation questions such as how to handle employees seeking exemptions or how to review and retain test results in a manner that complies with federal and state confidentiality and privacy laws.
The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.
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