DOL’S VAX-OR-TEST REGULATION

The federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard, the Vax or Test Rule, that mandates that employers either require employees to be vaccinated or submit to weekly COVID-19 testing.  This rule applies to private employers with 100 or more employees.  Additionally, employers must determine the vaccination status of all their employees, provide employees reasonable paid time to get fully vaccinated, provide reasonable time and paid sick leave for employees to recover from any adverse side effects from the vaccine, and require unvaccinated employees to wear a mask indoors at the workplace. 

Many legal challenges arose after OSHA published the Vax or Test directive.  The U.S. Judicial Panel on Multidistrict Litigation randomly selected the Sixth Circuit to preside over the litigation.  Petitions have been filed in D.C., First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuit Court of Appeals.  The Sixth Circuit will consolidate the petitions for review.  Parties can petition the Court for the case to be transferred to another circuit.  Ultimately, the Supreme Court will likely have the final ruling on the Vax or Test directive.