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OSHA’S ABRUPT CHANGE TO RECORDING ADVERSE REACTIONS TO COVID-19 VACCINES

December 3, 2021: Written by: Christopher M. Leddy, Esq., Partner


At present, OSHA’s Emergency Temporary Standard (“ETS”) which mandates that covered employers (employers with 100 or more employees corporate-wide, including full-time and part-time) develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead establish, implement, and enforce a policy allowing employees who are not fully vaccinated to elect to undergo weekly COVID-19 testing and wear a face covering at the workplace, has temporarily been suspended while litigation surrounding its enforcement is determined by the courts. However, dependent on the courts’ decision, OSHA intends on resuming the implementation and enforcement of the ETS following the courts’ determination. With that said, we are unsure at this time if or when the ETS will be put back in place, and as such, we believe it is imperative for staffing firms to be ready to comply with such should the ETS go back into effect.


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