Human Resources and Safety Professionals are on the front lines of compliance for vaccination verification and testing to meet state and organizational mandates. As your trusted partner, Wellness Coaches is providing timely updates on vaccine verification and testing news. We also offer a simple, all-in-one, customized, turnkey program to ensure compliance and safety with your state’s or organization’s policies.
OSHA Mandate News – 1/13/22
Supreme Court Strikes Down OSHA Mandate
On Thursday, January 13, 2022, the United States Supreme Court blocked the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring employers with more than 100 employees to vaccinate or regularly test their workforces. Read the Court’s full opinion.
However, the Court upheld a separate mandate which requires Healthcare Centers for Medicare and Medicaid Services (CMS) to vaccinate or regularly test their workforces. Read the Court’s full opinion. The CMS mandate will impact more than 7 million workers at 50,000 health care providers.
Regardless of the status of the OSHA mandate, many workplaces have chosen to require vaccinations and have implemented testing protocols to reduce spread. This means that organizations will need access to reliable providers and a secure supply of materials. Human resources professionals and health and safety officers, tasked with ensuring a safe work environment, will need to take proactive steps and partner with an established, trusted provider.
Wellness Coaches has the expertise, materials, and staffing to help your organization remain safe and compliant—whether you require a full suite of vaccine verification and testing services, materials, a combination thereof, Wellness Coaches has you covered.
Contact us today to secure your all-in-one or customizable solution to meet your state’s and organization’s vaccine verification and testing mandates.
OSHA Mandate News – 1/11/22
OSHA Mandate News – 1/10/22
On Monday, January 10, 2022, the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring employers with more than 100 employees and Healthcare Centers for Medicare and Medicaid Services (CMS) to vaccinate or regularly test their workforces went into effect. However, there are many factors that may alter the long-term fate of the OSHA Mandate. Read an overview of the political and practical landscape.
On Friday January 7, the US Supreme Court heard expedited oral arguments about whether the mandate can take effect. However, the Court has not yet issued a ruling, which means that the policy goes forward as planned. Read a detailed discussion of the legal status.
For now, the mandate is in effect. Businesses are required to make “good faith efforts” to comply with vaccination and/or testing requirements, and enforcement is scheduled to begin on February 9, 2022. If the mandate is legally permitted to proceed, which is far from certain, steep fines will be levied on businesses that do not comply.
Meanwhile, the Michigan OSHA issued a statement asserting that it does not have to adopt the mandate until January 24 due to its state plan. Further, 25 states have been granted stays of the CMS mandate by lower courts, meaning the mandate cannot be enacted in those states, while the other 25 states will be subject to enforcement of the CMS. The US Supreme Court is also reviewing these inconsistent stays and injunctions issued by lower courts, but as of now has not advanced a ruling.
OSHA Mandate News – 1/7/22
OSHA Mandate News – 12/22/21
WASHINGTON, Dec 22 (Reuters) – The U.S. Supreme Court agreed on Wednesday to take up disputes over the Biden administration’s nationwide vaccine-or-testing COVID-19 mandate for large businesses and a separate vaccine requirement for healthcare workers.
The brief court order said the court will hear oral arguments on Jan. 7 in the two cases, with rulings likely to follow in short order.
OSHA Mandate News – 12/21/21
Excerpts from the USA Today Article (Published 12/21/21, 4 am EST and updated at 8:51 am EST):
While a federal appeals court on Friday reinstated a federal rule that workers at larger businesses get vaccinated or be regularly tested, the Labor Department announced it would give businesses more time to comply because of the uncertainty created by legal challenges.
$700K for defying vaccine requirement?: Democrats push for jump in workplace fines
OSHA Mandate News – 12/17/21
On Friday, Federal Appeals Court Reinstated Biden Administration’s Business Vaccine and Testing Mandate. The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers. In the decision Friday, the 6th Circuit noted that OSHA “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
Wellness Coaches is poised to help organizations comply with federal, state, local, and corporate policies through a fully customizable program that allows clients to select the entire service or the element(s) that are most useful and necessary to their organizations. Learn more about our vaccine verification testing program.
OSHA Mandate News – 12/9/21
On Wednesday, the US Senate voted to block the federal vaccine mandate. The measure is now with the House of Representatives for consideration, and if the House approves it (which is not considered likely due to the slim Democratic majority), President Biden has vowed to veto it.
Meanwhile, the Sixth Circuit Court of Appeals is considering cases surrounding OSHA’s Emergency Temporary Standard which was intended to go into effect on January 4. See details on the OSHA mandate.
The mandate is currently stayed, meaning it has been suspended pending judicial review. It is uncertain when this decision–whether to overturn the stay and allow the mandate to go into effect, or to uphold the stay and nullify the mandate–will be announced. Check the latest from the Court.
Regardless of where this all lands, Wellness Coaches is poised to help organizations comply with federal, state, local, and corporate policies through a fully customizable program that allows clients to select the entire service or the element(s) that are most useful and necessary to their organizations. Learn more about our vaccine verification testing program.
OSHA Mandate News – 12/2/21
Here’s a brief play-by-play and a summary of where we are now:
- In November, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers of 100 or more to require employee vaccination and enhanced safety measures for unvaccinated employees. Read the OSHA alert
- Almost immediately, federal courts received multiple petitions for review of the ETS, all wishing to overturn the mandate.
- Shortly thereafter, the AMA came out in support of the ETS
- The ETS was stayed by the Fifth Circuit Court of Appeals. This means that the policy is temporarily suspended pending judicial review.
- Subsequently, the numerous petitions opposing the mandate were consolidated and transferred to the Sixth Circuit Court of Appeals, which will consider the future of the policy. The federal government will ask the Sixth Circuit to lift the stay and allow the policy to proceed as planned for enforcement starting January 4. The other side will request that the stay remain and the ETS be struck down. Because of the schedule issued by the Court, the stay is likely to remain in place until December 10, while briefs and motions are filed.
- Regardless of the ruling, it is anticipated that the side that “loses” will petition the US Supreme Court to hear the case. Whether the Supreme Court expedites its process to allow for a quick hearing is uncertain. For an overview of the legal status, check out this National Law Review article.
All of this makes for a confusing, uncertain, stressful climate for businesses as they try to plan for their teams. That’s the bad news.
Here’s the good news: Wellness Coaches can help. We have one of the nation’s most complete, trusted, turnkey solutions to address the OSHA Mandate when and if it is implemented. And because we know that all organizations are different, Wellness Coaches’ Vaccination and Testing Program is customizable. Clients can select the elements that are most useful and necessary to their organizations. Learn more about our vaccine verification testing program.
Wellness Coaches’ OSHA Workforce Compliance Program features include:
- Vaccine Verification App. A professional, easy-to-use mobile app. We verify employees’ health and safety status, and inform the employer when it is acceptable for the individuals to return to the workplace. The app is thoroughly HIPAA compliant with protocols that ensure confidentiality. Reporting is made easy through Real-time dashboards.
- Onsite Testing. Involves the administration of all the top rapid tests including Abbott and BinaxNOW, Quidel, Abbott ID Now and Beckton Dickinson. We also offer the rapid molecular tests including CUE and Accula. We have Laboratory PCR and saliva testing as well.
- At-home Testing. Delivered in partnership with industry-leading laboratories to offer the top at-home kits such as BinaxNOW, Cellitrion, and Quidel QuickView.
Regardless of what happens with the mandate in the courts, companies need to be prepared. Business leaders may have to move quickly to activate compliance protocols as the ETS policy is clarified in the coming weeks. For this reason, it is recommended that strategic professionals start the process of securing Wellness Coaches’ vaccination, verification, and enhanced safety services now as a proactive and prudent measure.
Companies may choose to secure both app and on-site testing services, or app, at-home test kits and uploading test result services, on-site testing only, OTC test kits only, or any combination thereof. The offerings are completely customizable and priced accordingly.
The process is as easy as 1-2-3!
- Contact Wellness Coaches for a platform demonstration and/or to enroll in the program.
- Schedule your start date.
- Launch your workforce compliance program.
To learn how your company can secure these essential vaccine verification services along with other COVID-19 testing and vaccine services, please contact Gene McGuire at Gmcguire@wcusa.com or 484-571-7178.