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HRCI

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Overview

On November 12, 2021, after Federal Court Ruling stopping the OSHA Emergency Temporary Standards mandating private Employers with more than 100 employees vaccines has been suspended. This means that the Deadline of January 4, 2022, for testing is put on hold until further notice.

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

Currently, the Sixth Circuit has not set a briefing schedule. However, given the number of parties, the complexity of the legal issues that are unlikely to be resolved within a few weeks.

While the ETS is stayed, employers do not have to comply with its terms. Some employers may choose to do so, while others attempt to draft policies and put procedures in place in case the stay is lifted, and still others may choose to do nothing. State OSHA plans may choose to adopt the ETS or similar measures or may wait and see how the litigation plays out. Employers should make decisions about what is right for their operations depending on a number of factors.

Until then, the focus for Employers can be to prepare their workplace for the current vaccine mandate by the Equal Employment Opportunity Commission (EEOC) who allows mandating of the vaccine in the workplace. This means Employers need to consider vaccine mandates or voluntary mandates for their company.

Employers also may offer incentives to employees to voluntarily show documentation or confirmation that they have received a COVID-19 vaccine, but the agency outlined some limits in the event that employers are incentivizing employees to voluntarily receive a vaccine administered by an employer or its agent. An employer may offer an incentive to employees to provide documentation or other confirmation from a third party not acting on the employer's behalf, such as a pharmacy or health department, that employees or their family members have been vaccinated. There are other vaccine mandates that are moving forward and not subject to this suspension

Why you should Attend

Private Employers with 100 or more employers are unsure of what to do next while they wait for the status of the court ruling. However, Employers with less than 100 employees are searching on how to mitigate the spread of. There are certain options that Employers can take which depends on their company. There are still vaccine mandates that are currently not part of the suspension. Those employers need guidance on how to proceed.

Areas Covered in the Session

  • Learn what are the elements of the suspension by OSHA for Private Employers impact their decision to move forward
  • Why did the court decide to ban the OSHA Rule and what are the reasons for the state’s concern?
  • There are other federal vaccine guidelines that are not part of the suspension that need to meet the deadline
  • Employers still have the EEOC vaccine mandate to consider and put in place
  • What is the Administrations response to the OSHA suspension? What is their plan and next steps?
  • Learn how the ETS impacts current state bans on vaccine mandates by State OSHA regulations
  • How are union environments handling the vaccine mandates?
  • What should Employers do when employees refuse vaccination?
  • Learn How Employers can manage exemptions to the vaccine that meets the EEOC compliance
  • Learn how Employers can provide employees with confidence to encourage their vaccine program
  • Learn how compliance best practice can help Employers to implement effective vaccine programs
  • Learn what the landmines are in creating vaccine policies
  • What are the alternatives and Reasonable Accommodation for medical, disability and sincerely held religious belief options?

Who Will Benefit

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Payroll Administrators
  • HR Professionals
  • Compliance Professionals
  • Managers/Supervisors
  • Employers in all industries

Speaker Profile

Margie Faulk, a senior level human resources and compliance professional with over 14 years of HR management and compliance experience. A current Compliance Officer/Advisor for HR Compliance Solutions, LLC. Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.

This includes Federal Contracting in the defense, military, anti-Terrorism and Apache Helicopter Training Simulations with Federal Acquisition Regulations (FAR), Federal Sentencing Guidelines (FSG) and Office of Federal Contract Compliance Program (OFCCP). Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie's focus has expanded to Global Workplace Compliance in International, multi-state, multi-National, state and local workplace compliance which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to HR professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).