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OSHA COVID-19 Vaccine Mandate Rule Set for January 2022 Enforcement

Cooley Alert

Employers with 100 or more employees should begin planning to follow OSHA’s Emergency Temporary Standard (ETS) requiring mandatory COVID-19 vaccinations or weekly testing of employees (see our previous alert describing the ETS in more detail).

The ETS had been suspended pending legal challenges, but it was reinstated by a decision from the US Court of Appeals for the Sixth Circuit on December 17, 2021. OSHA then released additional guidance on December 18. The decision will move to the Supreme Court for further consideration. For now, however, OSHA intends to enforce the rules on two key dates:

  • Employers should be in compliance by January 10.
  • Employers using “good faith efforts” to come into compliance will not be penalized before February 9.

We will continue to keep you apprised as the case proceeds through the Supreme Court.

Related Contacts
Frederick Baron  Senior Counsel Palo Alto
Ann Bevitt  Partner London
Wendy Brenner  Partner Palo Alto, Los Angeles
Helenanne Connolly  Partner Reston
Leslie Cancel  Special Counsel San Francisco
Elizabeth Lewis  Senior Counsel Washington, DC, Reston
Joshua Mates  Partner San Francisco
Gerard O'Shea  Partner New York
Miriam Petrillo  Special Counsel Chicago
Bronwyn L. Roberts  Special Counsel Boston
Ryan Vann  Partner Chicago
Lois Voelz  Senior Counsel Palo Alto
Summer Wynn  Partner San Diego, Los Angeles
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Employment & Labor