OSHA’s Vaccine Mandate Unconstitutional? A Strategy to Address the Legal Uncertainty

November 9, 2021

As you may have heard, a United States Federal Appeals Court in Louisiana issued an order blocking, at least temporarily, OSHA’s just-announced vaccination program for employers with 100+ employees. This is sure to be a rapidly developing legal story, which may ultimately be resolved by the United States Supreme Court. While this plays out, employers need not delay implementing the first step of OSHA’s guidance: collecting data on vaccination status. Knowing the workforce vaccination status is a key step in maintaining a safe workplace. In all likelihood, many employers are 100% vaccinated or very close. Once employers have their workforce vaccination data, they can watch the court proceedings in the knowledge they are in a good position to bring their workforce to full vaccination status through lawful and effective measures, either now or in the event OSHA’s guidelines are upheld.

If you have questions or would like to discuss strategies for collecting vaccination status (or increasing vaccination percentages), please contact Chris Campbell or any member of the Employment Law group.

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