Late last week, a federal appeals court on Friday reinstated the Biden administration's vaccine-or-test mandate for businesses with at least 100 employees, a measure that impacts tens of millions of workers across the country. Click here to learn more.
NFDA Endorsed Provider, SESCO Management Consultants, provided a summary on the court decision (see below)
While many funeral businesses will be exempt from the vaccination and testing requirements in the ETS – the average NFDA-member firm has three full-time and four part-time employees – there are some that will be impacted.
Find full details on the COVID-19 Vaccination and Testing ETS, including the full text of the ETS, fact sheets, FAQs, sample policies for employers, and more, here: https://www.osha.gov/coronavirus/ets2.
As a benefit of membership, NFDA members can call the SESCO Human Resources Hotline or our OSHA hotline, staffed by the experts at Certified Safety Training, with questions; click here for more information about the hotlines staffed by SESCO and Certified Safety Training.
As we have reported on previously, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) that requires employees of employers with 100 or more employees either to get vaccinated or to test negative on a weekly basis.
On December 17, the Sixth Circuit overturned the Fifth Circuit’s decision, and allowed the mandate to go back into effect nationwide.
The Sixth Circuit did not address how its decision would impact the timing of the ETS’s vaccination and testing and requirements, which were originally set to go into effect December 6, 2021, and January 4, 2022, respectively. OSHA has announced that it will not issue citations for noncompliance with the ETS requirements before January 10, 2022, except for the testing requirements, which will not be enforced until February 9, 2022.
Currently, we recommend covered employers comply with the ETS. We will provide an update if the U.S. Supreme Court issues any relevant rulings.
Previous Updates on the Large Employer Vaccine Mandate: