The Department of Labor’s Occupational Health and Safety Administration Releases Emergency Temporary Standard on Vaccines and Testing

The Department of Labor’s (DOL) Occupational Health and Safety Administration (OSHA) released the emergency temporary standard (ETS) on vaccines and testing, and the Centers for Medicare & Medicaid Services also released a separate ETS covering those who work or service healthcare facilities, regardless of company size. NPMA staff has reviewed the rules and provided a breakdown below of key provisions as they do differ. These rule packets are hundreds of pages, so additional context on these requirements may be provided to NPMA members within a few days. Multiple states and industry groups have indicated they will sue, so it is very likely court cases will commence immediately. 

Part or all of the rules could be stayed in part or all of the country, but it is important in the meantime that companies prepare to comply. NPMA will provide updates should regional or nationwide stays of the rule go into effect

OSHA is also formally considering how to cover small employers, and it seems likely that at some point an ETS will cover companies with less than 100 employees. NPMA will provide any additional information on this process as it occurs.