School Law Advisor Blog

OSHA Rules

With the State's vaccine and testing mandates fights, it may be easy to overlook the federal mandate which is also impending.  
OSHA issued rules November 5 which intended to require employers of 100 or more staff to be vaccinated or submit to weekly testing.  
OSHA's rules, implementing the President's Executive Order directing the agency to develop such rules, are effective for vaccination requirements 30 days after implementation, and for testing 60 days after implementation. Covered employers are also required to provide employees with information about vaccines, available here: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html. But a stay has been issued by the 5th Circuit Court of Appeals temporarily halting their implementation.
 
OSHA issued a 2 page fact sheet summarizing the rules HERE. There is also a 3 page summary of the rules HERE. The changes to the regulations are located at 29 C.F.R. 1910.501.
 
Until the Federal stay is lifted, it is too early to understand the implication of the Federal vaccination and testing rules on Illinois employers employing more than 100 people. As litigation continues on this issue federally and within Illinois on the implications of Illinois' similar mandate, we will keep you apprised of the impact on your schools.