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Publications | November 4, 2021
1 minute read

Breaking News: OSHA Issues Mandatory Vaccine or Testing Standards

This morning, OSHA has issued its long awaited Emergency Temporary Standard (“standard”) requiring COVID-19 vaccinations or weekly testing for all workers at most companies with 100 or more employees. The standard is set to take effect on Friday, November 5, 2021. Employers must begin providing time off for workers to get inoculated by December 5, 2021, with workers needing to be fully vaccinated or submit to weekly testing by January 4, 2022. The new standard and related materials can be found here.

Implementation of the standard in states with their own worker safety agencies, which includes Michigan, could be delayed as these states decide whether to accept the standard as written, or make equivalent or more protective modifications. The standard will face substantial legal challenges and, as a result, could be further delayed or rejected.
Warner is reviewing the standard and will provide comprehensive guidance to employers in the coming days. Additionally, Warner will be hosting a webinar on this topic on November 10, 2021, from 12:00 noon – 1:00 p.m. We will be following up with: 1) more information about the OSHA standard; and 2) a webinar email invitation on this topic. For now, if you have any questions regarding the standard or other labor and employment matters, please contact your Warner attorney.