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Federal COVID-19 Vaccination Mandates for Businesses

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In September 2021, President Joe Biden ordered the Occupational Safety and Health Administration (OSHA) to implement regulations for businesses with over 100 employees to mandate COVID-19 vaccinations for their employees.

On November 3, 2021, OSHA release these guidelines in a 490-page emergency temporary standard (ETS). https://public-inspection.federalregister.gov/2021-23643.pdf. In short, the rules will require workers to receive either two doses of the Pfizer or Moderna vaccines or one dose of the Johnson & Johnson vaccine by January 4, 2022 or be tested weekly and wear face coverings at work. Employees who test positive must be removed from the workplace.

The mandate will apply to about 84 million workers at medium and large businesses. While the rule currently covers employers with 100 or more employees, OSHA left open the possibility of expanding the requirement to smaller businesses and asked for public comment on whether employers with fewer than 100 employees could handle vaccination or testing programs.


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