COVID Vaccine or Testing Mandate revived for Large Employers

Attention Large Employers!

On Friday, the 6th Circuit Court of Appeals revived OSHA’s vaccine or weekly testing mandate for employers with 100 or more employees that previously was stayed.  As a result of the 6th Circuit’s decision, the Department of Labor issued a Statement on Saturday giving large employers some time to get into compliance, saying that OSHA will not issue citations for noncompliance with any requirements of the mandate before January 10 and will not issue citations for noncompliance with the mandate’s testing requirements before February 9, so long as employers are exercising reasonable, good faith efforts to come into compliance.

The decision will be appealed to the Supreme Court.  However, until or unless the mandate is reversed or stayed again, large employers that are not covered by the CMS mandate or the federal contractor mandate should begin efforts to get into compliance with the OSHA rule if they have not already.  OSHA has provided a substantial amount of information regarding the rule, including fact sheets, frequently asked questions, and sample policies.

If you have questions, please reach out to our Labor & Employment team.