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Supreme Court Will Hold Hearing on OSHA’s Vaccine Mandate

On Friday, January 7th, the Supreme Court will hold a special hearing to address the OSHA vaccine mandates. This comes shortly after the U.S. 6th Circuit of Appeals voted 2-1 to reinstate OSHA’s vaccine mandate.

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 preempt local and state laws.

Originally, OSHA’s vaccine mandate start date was January 10, 2022, and citations to begin after February 9, 2022. However, as of December 20th, the U.S. Supreme Court has received various requests for an appeal and on December 23rd, they announced they will be holding a special hearing in early 2022.

Similarly, they will be addressing the vaccine mandate for certain health care workers. They plan to determine whether the executive branch is in fact in authority in issuing the orders.

In the meantime, while decisions are made on whether or not the mandate will stay, employers should speak with a trusted partner or advisor to go over any questions they may have. 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.