![]() ![]() "They will also question why, if there is grave danger, the ETS does not apply to all employers, not just those with 100 or more employees."Īrizona Attorney General Mark Brnovich already has challenged the Biden administration's COVID-19 vaccine mandate as unconstitutional. "There is a possibility that employers may challenge the timing of the ETS, which is 18 months into the pandemic and six months after widespread availability of the vaccines," Kahn said. The Occupational Safety and Health Administration (OSHA) is authorized to issue an ETS only when reasonably necessary to protect workers from grave danger, said Allison Oasis Kahn, an attorney with Carlton Fields in West Palm Beach, Fla., and a senior consultant with Core Triangle Consulting, which is based in Washington, D.C. If employees claim they can't get access to tests due to supply issues, employers should give them information well in advance of the ETS on where testing or test kits are available, said Keith Wilkes, an attorney with Hall Estill in Tulsa, Okla. ![]() Testing is being offered as an alternative for exactly that reason-to prevent much-feared walkouts if vaccines were mandated with no other options, she said. "Employers already stressed by too few employees to fill the jobs they have are fearful that large numbers of their workers will quit if they enforce a vaccine mandate, particularly in areas of the country that are less vaccinated, such as the Southern U.S.," Boyd said. They cited, among other reasons for not yet getting the vaccine, difficulties getting to a clinic or doctor's office.īoyd said she didn't think the mandate would change the concerns that some employees have about the safety of the vaccine-concerns that exist despite the Food and Drug Administration'sįull approval of the Pfizer vaccine and a miniscule number of serious side effects. "Most Americans who want to get vaccinated are." However, nearly half of those who are unvaccinated say they're willing to get a coronavirus shot, according to the U.S. But with the possibility of exemptions, "I'm not sure a mandate really moves the needle much," she said. ![]() The benefit of the expected ETS is it provides another arrow in the anti-COVID-19 quiver, she said. Legal objections and enforcement hurdles.Īnticipated ETS "will result in significant headaches for employers who will have to manage multiple requests for exemptions and to determine whether the requests are legitimate," said Martha Boyd, an attorney with Baker Donelson in Nashville, Tenn. The anticipated emergency temporary standard (ETS) mandating that employers with at least 100 employees require workers to be vaccinated or be tested frequently is already facing challenges: religious and medical exemptions, The federal mandate for certain employers to require workers to be vaccinated against COVID-19 or undergo weekly testing may not increase the number of vaccinated people as much as was hoped. ![]()
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