Supreme Court blocks OSHA vaccine mandate, allows CMS mandate to stand

02/03/22

Author: ADP Admin/Monday, January 31, 2022/Categories: News, Compliance Corner

The United States Supreme Court has issued a decision that blocks a federal OSHA emergency temporary standard (ETS) that would require employers with 100 or more employees to ensure that employees either be vaccinated against COVID-19 or produce a weekly negative test. Separately, the court upheld a Centers for Medicare & Medicaid Services Interim Final Rule (CMS Rule), requiring vaccinations among certain healthcare workers. 

Click here for more details on the decisions.

Next steps:

If you are covered by the CMS Rule, immediately prepare for the upcoming vaccination deadlines. 

 

The following compliance deadlines apply to Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming:

o   By Feb. 14, 2022, all covered staff must have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine or have a pending request for, or have been granted, a qualifying exemption.

o   By March 15, 2022, all covered staff must have received the second dose of two-dose COVID-19 vaccine (if applicable) or have been granted a qualifying exemption

The following compliance deadlines apply to all other states and the District of Columbia:

o   By Jan. 27, 2022, all covered staff must have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine or have a pending request for, or have been granted, a qualifying exemption.

o   By Feb.  28, 2022, all covered staff must have received the second dose of two-dose COVID-19 vaccine (if applicable) or have been granted a qualifying exemption.

In addition, while the ETS is currently blocked, monitor further activities on the topic and check for any state or local requirements that may impact vaccinations, testing, and other COVID-19 measures that need to be implemented with their workforce. 

For more information, join us for a webinar on these latest updates here and visit ADP®'s Employer Preparedness Toolkit for COVID-19.

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