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Supreme Court Blocks OSHA’s Vaccine Mandate for Large Employers

On Friday, January 7th, the Supreme Court held a special hearing to address the OSHA vaccine mandates. However, it wasn’t until January 13th that they decided to officially block the mandate. Originally, OSHA’s vaccine mandate start date was January 10, 2022, and citations were to begin after February 9, 2022. They eventually announced that they would hold a special hearing in January of 2022 where they came to the decision shortly after hearing arguments against it.

However, the court did end up passing the portion of the mandate that requires healthcare workers to either receive the vaccine or show proof of testing to pass.

OSHA’s Vaccine Mandate

OSHA’s vaccine mandate involved vaccination, masking, or testing requirements for employers with 100 or more employees. Additionally, large employers were required to develop, implement, and enforce a COVID vaccination policy in the workplace. If employees declined the vaccine, they would then need to wear face coverings on-site and be subject to regular COVID testing. Under the mandate, employers would also be responsible for the following:

  • Keeping records on employee vaccination status
  • Allowing for paid time off for employees to receive the vaccine and any subsequent recovery time
  • Enforcement of the COVID policy they have in place
  • Reporting any work-related COVID fatalities to OSHA within 8 hours of learning about them
  • Reporting any work-related COVID hospitalizations within 24 hours of learning about them

Moreover, the mandate would have preempted local and state laws about vaccination requirements.

Private employers can still choose to adopt a vaccination or test requirement policy as long as they comply with ADA guidelines. However, they will no longer be required to do so.

Regardless of what route employers choose, they should speak with a trusted partner or advisor first. As the legislation/regulations surrounding the pandemic continue to change, it is important to keep up to date with any changes that may affect your organization’s compliance standing and procedures.

How Can We Help?

Is there anything Payroll Systems can help you with as you accommodate rapid legislation changes? Reach out and talk to us about the easy-to-scale solutions you need for your business.

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This article provides general information and shouldn’t be construed as legal or HR advice. Since employment laws may change over time and can vary by location and industry, please consult a lawyer or HR expert for advice specific to your business. You can also contact Payroll Systems to inquire about our HR support services.