Labor Department delays OSHA enforcement date
The Labor Department pushed back the enforcement of the vaccine mandate policy for all U.S. companies with more than 100 employees. Last week the 6th Circuit Court of Appeals ruled that reinstated the OSHA policy nationwide and eliminated the stay that was put in place by the 5th Circuit Court of Appeals.
As a result of that ruling the Labor Department put out a notice saying they were going to give employers more time to get their employees compliant with the new OSHA rule. Originally the deadline for employees to be either fully vaccinated or regularly tested was January 4. This week the Labor Department announced they will not start citations for non compliance of the OSHA emergency temporary standard before January 10th. The Labor Department also announced they will not start issuing citations for the testing requirement before February 9th.
The Labor Department said in the memo as long as the employer is “exercising reasonable good faith efforts” to come into compliance with that OSHA rule.
Back in early November when these rules came out all United States companies with more than 100 employees would be required to provide OSHA compliance paperwork for all its employees. The rules said back then OSHA would be conducting on site inspections requiring companies to show OSHA that all their employees have either been fully vaccinated, received an approved exemption, work remote full time, or have decided to regularly test.
Large companies must require full documentation of those tests as well. For every employee that doesn’t comply they will be fined 13,000 dollars plus per employee. Along with up to 136,000 dollars if the company willfully violates the rules.
The Supreme Court has said yes the Justices will hear cases against this OSHA test or vaccine mandate after many appeals have been filed to the court.
The Justices will also hear the CMS vaccine mandate for healthcare workers and facilities that receive Medicare and Medicaid funding.
The oral arguments against both of these cases will be January 7th. As always there are no cameras allowed in the court but you can listen to the arguments at supremecourt.gov.