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VIDEO: Details on OSHA’s Vaccine Mandate ETS

November 16, 2021

Editor's Note: On Nov. 17, the The Occupational Safety and Health Administration (OSHA) announced it will suspend enforcement of the Biden administration’s COVID-19 vaccine mandate for large private businesses while the matter is challenged in federal court.

The legal wrangling over President Joe Biden’s COVID-19 vaccine mandate for all employers with 100 or more workers may be tied up in courts, but real deadlines are looming for contractors.

Trent Cotney, CEO of Cotney Attorneys & Consultants, dives into OSHA’s new emergency temporary standard (ETS) about vaccine mandates in this latest Legal Insights video with RC. The ETS requires employers with 100 or more employees to vaccinate their workers or test them on a regular basis. Employers are also required to provide paid time off for employees to get the vaccine and for recovering from any side effects.

Cotney said that Nov. 5 is a key date contractors need to understand. If you had 90 employees on that date, you are off the hook. However, if you were over 100, then you need to comply, and the ETS spells out who does and doesn't count.

"The other issue is outdoor workers. This is the question that I get the most from roofing contractors: 'Well all my crew work outdoors, dues that count?'" said Cotney. "Well, kind of."

Employers have 30 days to comply with most requirements and 60 days (until Jan. 4, 2022) to comply with testing requirements. OSHA anticipates the ETS will be in effect for six months, though a recent stay placed by the 5th U.S. Circuit Court of Appeals may alter OSHA's plans if a permanent injunction is placed on ETS enforcement.

There’s a lot to unpack, but listen in as he breaks down the latest information.

Learn more by watching the video, or by listening to the podcast, and check out RC's coronavirus coverage page for the latest news and information.

KEYWORDS: Adams & Reese COVID-19 legal issues in AEC video

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