New OSHA Rule to Require Worker Vaccinations or Testing for Large Employers

Yesterday, President Biden announced that the U.S. Occupational Safety and Health Administration (OSHA) will develop and implement new emergency regulations that require private sector employers with 100 or more workers to ensure that those employees are either fully vaccinated or subject to COVID-19 testing at least once per week. OSHA will issue an Emergency Temporary Standard (ETS) to implement this new mandate. It is expected that this new requirement will impact more than 80 million workers in private sector businesses across the country.

Please note that this requirement could ultimately affect smaller employers in New York State. New York State Labor Law permits the State Department of Labor to adopt OSHA standards for employees within the State who would not otherwise be covered by these proposed rules.

As of this writing, there is no estimated date on which OSHA might issue the ETS. Likewise, there are many unanswered questions, such as whether covered employers will be required to pay for vaccinations and/or testing. We will be following the developments regarding this action closely and keeping members informed.

Please note that these and many other quickly developing issues will be addressed at our 19th Annual Employment and Human Resources Law Solutions Conference, to be held on October 14-15, 2021, at the Turning Stone Resort Casino, Verona, New York. Click here for more information or to register for the Conference.