OSHA Emergency Temporary Standards (ETS) - What Now?
On November 12, 2021, after the Federal Court Ruling stopping the OSHA Emergency Temporary Standards mandating private Employers with more than 100 employees vaccines has been suspended. This means that the Deadline of January 4, 2022, for testing is put on hold until further notice.
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
Currently, the Sixth Circuit has not set a briefing schedule. However, given the number of parties, the complexity of the legal issues that are unlikely to be resolved within a few weeks.
While the ETS is stayed, employers do not have to comply with its terms. Some employers may choose to do so, while others attempt to draft policies and put procedures in place in case the stay is lifted, and still, others may choose to do nothing. State OSHA plans may choose to adopt the ETS or similar measures or may wait and see how the litigation plays out. Employers should make decisions about what is right for their operations depending on a number of factors.
Join us to review all these new guidelines to answer some of the confusing aspects of vaccines in the workplace. You'll also receive free compliance tools to help you understand it better.
EEO Laws and Vaccine Mandates
Federal equal employment opportunity laws do not prohibit policies requiring that all employees who physically enter a workplace receive a COVID-19 vaccination, so long as such policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act as well as other applicable laws, according to technical assistance from the U.S. Equal Employment Opportunity Commission updated May 28.
Employers also may offer incentives to employees to voluntarily show documentation or confirmation that they have received a COVID-19 vaccine, but the agency outlined some limits in the event that employers are incentivizing employees to voluntarily receive a vaccine administered by an employer or its agent. An employer may offer an incentive to employees to provide documentation or other confirmation from a third party not acting on the employer's behalf, such as a pharmacy or health department, that employees or their family members have been vaccinated.
Why is it Important to Attend?
The long-awaited document may answer some of the questions employers have regarding COVID-19 vaccination requirements, but other areas may be less certain.
Take, for example, the issue of incentives. Employers, per the document, may offer incentives to employees to voluntarily receive a vaccine, whether the employee receives the vaccine on their own from a pharmacy, health department, or community health partner, or whether the employee receives a vaccine administered by the employer or an agent of the employer. Join us to have your expert explain it in further detail.
What You'll Learn
-Why was the previous EEOC guidance not clear enough for Employers to develop vaccine mandates or voluntary vaccine programs?
-What are the compliance landmines for implementing a vaccine program?
-How not having a vaccine program can lead to litigation?
-Will the new guidance ensure Employers the ability to create vaccine policies that have a positive impact in the workplace?
-Now that the Center for Disease Control and Prevention (CDC) has relaxed mask mandates, are Employers able to mitigate their workplace?
-What should Employers do when employees refuse vaccination?
-How can Employers manage exemptions to the vaccine that meets the EEOC compliance?
-How can Employers provide employees with the confidence to encourage their vaccine program?
-How can compliance best practices help Employers to implement effective vaccine programs?
-How can the communication by OSHA provide effective guidance for Employers to provide confidence for their employees in the workplace?
-What are the landmines in creating vaccine policies?
Who Must Join?
-Employers in all industries
You may ask your Question directly to our expert during the Q&A session.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance.
Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).