OSHA vaccine rule back on – for now

The Occupational Safety and Health Administration plans to move forward with its COVID-19 vaccine rule after the U.S. Court of Appeals for the Sixth Circuit reversed an earlier court decision to put the emergency temporary standard on hold.

Last week, the Sixth Circuit ruled 2-1 to dissolve the temporary stay previously issued by the Fifth Circuit. OSHA’s emergency temporary standard, which was released in November, would make companies with 100 employees or more require their workers to either receive the COVID-19 vaccine or be tested weekly. Opponents contend that the rule oversteps and is unconstitutional.

After the Fifth Circuit decision, OSHA put the rule on hold. But the agency says it is back on.

“OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the vaccination and testing emergency temporary standard,” the agency said. “OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.”

To provide employers with sufficient time to come into compliance, OSHA said it will not issue citations for noncompliance with any requirements of the rule before Jan. 10 and will not issue any citations for noncompliance with the standard’s testing requirement before Feb. 9 “as long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

Although OSHA is moving forward with the rule again, the National Law Review reported that this is not the end of litigation over the emergency temporary standard.

How would the rule affect truck drivers?

U.S. Labor Secretary Marty Walsh said earlier this year that the rule wouldn’t apply to most truck drivers as they are alone in their cab. However, it is expected that team drivers at large fleets would be required to either get the vaccine or weekly testing.

The Owner-Operator Independent Drivers Association says that all truck drivers should be exempt from the rule, including team drivers. LL