Ep 114: OSHA’s Guidance (ETS) on Employer COVID-19 Vaccine and Testing Mandate

In this episode, Chase Cannon and Suzanne Spradley break down the recent OSHA guidance (emergency temporary standard, or ETS) relating to the employer COVID-19 vaccine and testing mandate. Chase outlines the general requirement for employers with 100 or more employees to ensure employees are vaccinated or tested regularly. Suzanne and Chase discuss legal challenges to the ETS guidance at the federal and state level. The two outline the ETS requirements relating to counting employees, vaccination policies, proof of vaccination status, alternative testing, employee notification and penalties. The two close by discussing some practical planning tips, and the importance of engaging outside counsel to assist with mandate compliance.