Posted on January 20th, 2022
Below is a complete transcript of this video.
What’s up fellow entrepreneurs. Today I want to talk about the current status of the Biden administration’s vaccine mandates, but first I’m an attorney, but I’m not your attorney. So please seek out competent legal counsel for your specific question or concern.
All right. So back in November, OSHA published an emergency temporary standard or T ETS for short implementing Biden’s executive order requiring large employers of 100 or more employees to require employees to get vaccinated for COVID 19 or undergo weekly testing.
The very same day the ETS was issued. The fifth circuit court of appeals in new Orleans issued an order barring of from implementing the ETS.
That order was then reaffirmed by the same court a week later, as a result, OSHA paused implementation of the shot or test mandate as lawsuits seeking to block the ETS were brought in multiple districts.
The courts used in arcane lottery process to decide which court would take over all the different cases. The sixth circuit in Cincinnati was selected to decide the future of the new vaccination or test mandate sharply disagreeing with the fifth circuit court in new Orleans, the three judge panel and Cincinnati held that OSHA clearly and unambiguously has the AOR as the authority to regulate viruses, regardless of whether the virus is unique to the workplace.
The panel further held that OSHA has that authority to issue an emergency temporary standard like this because COVID 19 transmission continues to be a grave danger to the workplace, particularly to UN vaccinated workers. All right, so the Cincinnati Cincinnati panel dissolved the injunction been issued by the fifth circuit, thus permitting OSHA to move ahead with implementing of its new rule as expected business groups, opposed to the new ADE immediately appealed the Cincinnati.
Ruling to the us Supreme court and the fed of the rule now rests with the more conservative Supreme court. The Supreme court can and decline that request, which would effectively Greenlight the rule everywhere in the United States, or could elect to take up the case notably, despite its conservative leanings.
The Supreme court earlier this year, upheld several state and local vaccine mandates, including new York’s vaccine mandate for healthcare workers earlier this month.
So how OSHA’s rule presents different issues and could lead to a different result. If the Supreme court grants for review is expected as the department of labor gear up to enforce the new rule employers prepare for two different compliance deadlines of January 10th and February 9th by January 10th.
Employers must comply with all the ETS requirements other than COVID 19 testing for unvaccinated employees.
These requirements include determining the vaccination status of covered employees requiring all covered employees who are not fully vaccinated to wear face coverings or provide up to four hours of paid leave for employees who wish to get vaccinated, maintain a roster of each employee’s vaccination status, and keep a record of proof of vaccination report certain work related COVID 19 cases to OSHA. Exclude employees with COVID 19 from the workplace specific periods of time, develop and implement a written policy on COVID 19 vaccination, and provide certain information to their employees, including the requirements of the new rules and procedures.
Whew, that’s a lot by February 9th covered employee are required. I’m sorry. By February 9th covered employees who are not fully vaccinated report to a workplace at least once every seven days.
Where other people are present, must do all of the following, be tested for COVID 19. Once every seven days provide documentation of their most recent COVID 19 test results to their employer.
Employees who do not report to a workplace where other people are present, must be tested seven days prior returning to the workplace and provide documentation of that negative test result to their employer upon return.
So we focus on small business here on this channel, and this mandate only currently affects large employers. However, if this mandate is allowed to stand likely similar or the same mandates will be put into place for all employers as new strains of the virus hit, storm shelves near you.
All right, until next time be productive.
