OSHA's COVID-19 Employer Vaccine-or-Test Mandate: Status Update for Franchised Dealerships

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Doug Greenhaus

Kaye Lynch-Sparks

The Supreme Court Stays OSHA’s “Vax or Test” Mandate; Rule is Halted

The U.S. Supreme Court has stayed indefinitely the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). The ETS had mandated that employers with 100 or more employees require that those employees to either (1) be vaccinated against COVID or (2) produce negative COVID tests on a weekly basis.

The Supreme Court’s ruling effectively puts all ETS compliance requirements and deadlines on hold for the foreseeable future. 

Notwithstanding the U.S. Supreme Court’s ruling, states may have their own health and safety requirements related to vaccinations and testing. Dealerships in such states are encouraged to reach out to their attorneys and state or local dealership associations. General questions on the Supreme Court’s action to stay the ETS or on the ETS itself may be directed to regulatoryaffairs@nada.org

The Occupational Health and Safety Administration (OHSA) issued an emergency temporary standard (ETS) mandating that most employers with 100 or more employees generally require that their employees be either (1) fully vaccinated or (2) tested weekly for COVID-19. The ETS is now in effect. However, OSHA has stated that it will exercise enforcement discretion with respect to employers exercising reasonable, good-faith efforts to come into compliance by not issuing citations for noncompliance before January 10, 2022, for those mandates required initially to be met by December 5, 2021, and by not issuing citations before February 9, 2022, for noncompliance with the “vax or test” mandates required initially by January 4, 2021. In addition, on January 7, 2022 the U.S. Supreme Court will hear oral arguments on the validity of OSHA’s vax or test mandate with a decision expected soon thereafter.

Join NADA attorneys Doug Greenhaus and Kaye Lynch-Sparks, as they provide a detailed analysis of the ETS and its current status. They will also review a series of critical issues raised by its requirements.

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