PITTSBURGH, Sept. 17, 2021 /PRNewswire/ — Leech Tishman Fuscaldo & Lampl, LLC. (Leech Tishman) is pleased to announce that it will be hosting a business briefing on Tuesday, September 21, 2021 entitled, "Back to Business: Proof of Vaccination and Weekly COVID-19 Testing: OSHA’s Impending Emergency Temporary Standard & What It Means for Businesses Employing 100+ Individuals."
On September 9, 2021, President Biden announced that the Department of Labor‘s Occupational Safety and Health Administration is developing an Emergency Temporary Standard (ETS) "that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work." This requirement will likely apply to approximately 80 million people, or two-thirds of all U.S. workers, according to the White House.
While awaiting further guidance, many employers are already exploring vaccination and testing options and establishing secure protocols and procedures to track vaccination and testing status. There are a number of legal issues that come to mind when contemplating and preparing for this new standard.
Leech Tishman’s national Employment & Labor Chair, Philip A. Toomey, along with employment attorney Leah K. Sell will be presenting a complimentary 1-hour briefing to examine the developing ETS and answer frequently asked questions, including:
- Who is subject to the ETS? How might the 100-employee threshold be calculated?
- What is the proposed timeline for the ETS development and compliance deadline?
- Who will pay for the testing?
- How do employers mandate it? What about encouragements, incentives, penalties, and assessments?
- Will employers need to provide paid leave related to the vaccination and testing requirements?
- What reporting and recordkeeping requirements might there be?
- What about employee privacy?
- If it is mandatory, and an employee refuses, what happens?
- How will the ETS interact with current state prohibitions on employer and government vaccine requirements?
- Are there legal challenges to the ETS?
- How should employers approach communication with employees to provide protection on issues including accommodation, discrimination, collection and retention of personal health information, and avoiding medical examination?
ABOUT LEECH TISHMAN
Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in business restructuring & insolvency, corporate matters, employment & labor, estates & trusts, intellectual property, litigation & alternative dispute resolution, and real estate. In addition, the firm offers a wide range of legal services to clients in the aviation & aerospace, cannabis, construction, energy & natural resources, healthcare, and hospitality industries. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Philadelphia, Sarasota, Washington, D.C. and Wilmington, DE.
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