U.S. Supreme Court Gives Green Light to CMS Vaccine Mandate and Full Stop to OSHA Vaccine-or-Test Mandate, Leaving Employers to Wonder: What Now?

On January 14, 2022, the Supreme Court of the United States issued two rulings on COVID-19 vaccine mandates that immediately impact employers throughout the country. OSHA’s vaccine-or-testing mandate was effectively struck down, while the Centers for Medicare & Medicaid Services’ vaccine mandate for Medicare- and Medicaid-certified providers and suppliers was upheld.

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NYC Issues Guidance on Private Sector Vaccine Mandate, Expands Key to NYC Program

As anticipated, New York City issued guidance on December 15, 2021, addressing its new private sector vaccination mandate, as well as the recent expansion of its Key to NYC program. Beginning December 27, workers in New York City who report to a New York City workplace or interact with the public must show proof they have received at least one dose of a COVID-19 vaccine, unless an exception due to a religious or medical accommodation applies, or a worker only ever enters the workplace for a quick and limited purpose.

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OSHA Announces Enforcement of Emergency Standard Requiring Vaccination or Testing – but Further Stay Is Sought

OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing (ETS) is now in effect, following a court-ordered stay. OSHA has announced that for employers making reasonable, good faith efforts to comply with the ETS, it would not begin enforcing all ETS requirements other than testing until January 10, 2022, and the ETS testing requirement for unvaccinated employees until February 9, 2022.

To read the full text of this Duane Morris Alert, please visit the firm website.

NYC Imposes Nation’s First COVID-19 Vaccine Mandate for Private Sector and Expands Vaccination Requirements at Certain Indoor Venues

New York City announced a first-in-the-nation COVID-19 vaccination mandate for private sector employees, which will take effect on December 27, 2021. Starting December 14, the “Key to NYC” program―which requires vaccination of workers and customers at indoor dining, fitness, entertainment and performance venues―will require children ages 5-11 to show proof of one vaccine dose to enter those venues. Beginning December 27, the program will require people age 12 and older to show proof of two vaccine doses, except for those who have received the Johnson & Johnson one-dose vaccine. Children ages 5-11 will also be required to show proof of their receipt of one dose of a vaccine by December 14 to participate in high COVID-19 risk extracurricular activities, including sports, band, orchestra and dance.

To read the full text of this Duane Morris Alert, please visit the firm website.

New OSHA Emergency Temporary Standard: Vaccinations, Testing and Face Coverings

On November 6, the Court of Appeals for the Fifth Circuit issued an emergency stay with regard to the OSHA ETS on COVID-19 Vaccination and Testing. While the fate of the OSHA ETS is unclear, employers should prepare now as if the ETS will go into effect. OSHA’s new emergency temporary standard requires employers with 100 or more employees to develop and implement a policy requiring that employees either become fully vaccinated or undergo weekly testing and wear a face covering at work. Employers should promptly determine whether they are covered by the ETS. Covered employers should begin preparing a written policy and develop their approach for determining and documenting employee vaccination status.

To read the full text of this Duane Morris Alert, please visit the firm website.

Philadelphia Provides Additional Time for Healthcare and Higher Education Institutions to Comply with Vaccine Mandate

On October 6, 2021, Philadelphia’s Department of Health announced extensions to the city’s COVID-19 vaccine mandate, which applies to covered healthcare personnel and covered higher education individuals. Originally set to go into effect October 15, 2021, Philadelphia has stretched out and staggered the deadlines to provide healthcare institutions, colleges and universities additional time in which to comply.

To read the full text of this Duane Morris Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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