On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the Fifth Circuit’s stay order on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination or Test and Mask Emergency Temporary Standard (ETS). The ETS applies to employers with 100 or more workers and impacts over 80 million workers in the United States. Under the rule as issued, employers have one of two choices. The first option is to mandate and verify that all of their employees are vaccinated against COVID-19. Employers not enacting the first option would be required to test unvaccinated employees weekly for COVID-19 and ensure these employees wear masks in the workplace. OSHA has announced it will begin issuing citations for noncompliance with the ETS’ administrative requirements after January 10, 2022, and the ETS’ testing requirements after February 9, 2022. 

Read More >> Is OSHA’s Vax Or Test Mandate Here To Stay?

On Dec. 15, 2021, the Acting NYS Commissioner of Health, Mary T. Bassett, M.D., M.P.H., announced the third extension of the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through Jan. 15, 2022.

Read More >> NY HERO Act COVID-19 Designation Extended A Third Time

On Dec. 10, 2021, at the direction of Gov. Kathy Hochul, the acting commissioner of the New York State Department of Health issued a new mask mandate that applies to several specific public settings, including health care and adult care facilities, K-12 schools, correctional facilities, homeless shelters and public transportation centers and hubs. Importantly, the mask mandate also includes a general provision applicable to “all indoor public places” not otherwise covered by the mandate. This general provision is broadly applicable and impacts businesses across the state.

Read More >> New York Department of Health Issues New Mask Mandate

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) released an emergency temporary standard (ETS) requiring all employers with 100 or more employees, with a few exceptions, to mandate vaccination or test employees weekly for COVID-19. OSHA justified the ETS by citing a “grave danger” posed by the coronavirus. Covered employers are required to develop, implement and enforce either a mandatory COVID-19 vaccination policy or a policy requiring employees to choose to get vaccinated or to undergo regular testing and wear a face covering at work. In addition, the ETS requires employers to provide paid time off for workers to get vaccinated and paid sick leave for employees to recover from any side effects resulting from vaccination.

Read More >> OSHA's Vax or Test Emergency Temporary Standard (ETS) is Here

On Oct. 31, 2021, the NYS Commissioner of Health announced the further extension of the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through Dec. 15, 2021. 

Read More >> NY HERO Act COVID-19 Designation Extended Again