I wanted to find info on Chiden/OSHA vaccine mandate SURPRISE the mandate doesn’t exist yet but what I did find is CRAZY! From JUNE 10 “OSHA will not enforce 29 CFR 1904s recording requirement to require any employers to record worker side effects from COVID-19 vaccination at least through May 2022”
BIGGEST QUOTE BELOW FROM ARTICLES (It’s also on OSHA’s website under The Roles of Employers and Workers in Responding to COVID-19 “9”)
“OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination at least through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward. ” (https://www.bdlaw.com/publications/prepare-now-for-a-new-osha-emergency-temporary-standard-on-covid-19/)
(https://www.osha.gov/coronavirus/safework)<–Roles of Employers and Workers number 9
If you go to the White House covid plan. It states OSHA will create an ETS for vaccine requirement.
OSHA can make what are called “Emergency Temporary Standards”. These are TEMPORARY rules put in place by OSHA.
“The ETS is effective for six months. During that time, the OSH Act requires OSHA to engage in a public rule making process. Following this process, the agency may finalize the ETS as a permanent standard, with or without modification, based on public comments.” (https://www.aha.org/advisory/2021-07-02-osha-interim-final-rule-covid-19-health-care-emergency-temporary-standard)-this link is talking about the ETS already put in place from June 2021.
Now I looked for ANYTHING about OSHA creating an ETS for companies with over 100 employee’s needing to have the covid vaccine based on Chiden’s mandate from September. All I found was this.
An ETS from June 17, 2021. Which is basically for hospitals dealing with covid. If you read the October Report for this ETS it basically says nothing will change for the month of October so perhaps they could make a new ETS rather than tacking onto this one but so far after a month since Chiden announced his mandate has OSHA produced any accountability for companies.
If you just search “covid vaccine mandate osha”. You’ll find a large amount of articles just saying what you need to do to prepare. Now after a ETS is made you still have 15 days to comply after that the fines will begin. Maximum fines are $13,653 for “willfull” violations.
I did find ONE publication from a law firm that goes into great detail on what the ETS would look like. Here are some excerpts. Which is where I found the quote above.
” The ETS will have protections for employees who are unable to be vaccinated due to medical or religious reasons, according to James Frederick, Acting Administrator of OSHA, on the September 10 conference call. ”
TESTED WEEKLY NOT DAILY
a s stated by Chiden, the ETS apparently will allow employers to permit unvaccinated employees to be tested weekly instead of being vaccinated. According to James Frederick, however, employers will have the option of requiring all employees to be vaccinated unless they qualify for an exemption.
“As part of our strategy to ensure the most convenient access to free testing, we will expand the number of retail pharmacy sites around the country where anyone can get tested for free through the HHS free testing program to 10,000 pharmacies. ”
POSTAL SERVICE PART OF ETS
“She noted that U.S. Postal Service employees will be subject to the ETS.”
WHAT IS “FULLY” VACCINATED
The ETS will address what evidence of vaccination, if any, is required, Ann Rosenthal said. Chiden’s COVID-19 Action Plan says that the ETS will require all employers with 100 or more employees to ensure their workforce is “fully” vaccinated or be tested.
Joe Chiden and OSHA’s Vaccine Mandate Doesn’t Exist. EEOC Cases State Employers Must Offer Religious Exemptions to Vaccine Mandates.