Supreme Court Blocks the OSHA Vaccine & Testing ETS

Posted on by Sadie Hagen

PIM COVID-19 RESOURCES

On January 13, 2022, the US Supreme Court blocked enforcement of the OSHA Vaccine and Testing Emergency Temporary Standard (ETS). This action did not kill the ETS completely. Instead, SCOTUS blocked OSHA from enforcing the emergency standard while court battles continue in lower courts.

What was the ETS?

The OSHA Vaccine and Testing ETS required all companies with more than 100 employees to either require all employees become vaccinated to COVID-19 or conduct weekly testing. This included all printers with at least 100 employees.

What should I do now?

Even though it seems very unlikely that the Vaccine and Testing ETS will survive court challenges in its current form, Printing Industry Midwest (PIM) recommends all companies complete some of the administrative obligations from the ETS. This ensures that you are prepared in case the ETS somehow comes back to life. For more information go to Printing Industry Midwest’s (PIM) COVID-19 Vaccination & Testing ETS webpage, click here. 

PIM Recommends the following conservative approach:

1. Create a Vaccination Roster – Survey all employees to determine and document vaccination status.

2. Develop a COVID-19 Policy – Remember, this is recommended but not required right now.

  • Require employees to report positive COVID-19 tests
  • Positive COVID-19 employees cannot enter workplace
  • Provide paid leave for employees to get vaccinated
  • Consider vaccine incentives that comply with EEOC (not coercive and not “substantial”)
  • Consider whether you will develop a mandatory vaccination policy or a vaccination and testing policy that complies with EEOC and ADA.

3. Conduct training for your managers to deliver information about any policies.

PIM Websites

PIM continuously monitors the regulatory landscape and how it applies to printers. We communicate valid information through our website.

For COVID-19 related updates, visit: www.pimw.org/covid-19/

For specific information regarding OSHA’s Vaccination & Testing ETS, visit: www.pimw.org/covid-19-vaccine-and-testing-ets/

For all PIM Environmental, Health & Safety (EHS) information, visit: www.pimw.org/environment-safety/

Questions?

PIM is here to answer your questions about this and any Environmental, Health & Safety regulatory questions or issues.  Please email or call Paul Gutkowski at paulg@pimw.org or 612-400-6205 or Cathy Malinowski at cathym@pimw.org or 612-868-6771.

Sadie Hagen
Author: Sadie Hagen