OSHA COVID Vaccine/Testing ETS Update – Jan. 10, 2022

The US Supreme Court heard oral arguments on the OSHA ETS vaccine/testing mandate on Friday morning. We were hoping to hear something from the Supreme Court over the weekend, but the Court has not yet acted.

KLC did speak to the OSH federal-state coordinator for Kentucky this morning, and he stated that they are in a holding pattern and have not adopted anything related to this ETS. He also said there would be no January 10 enforcement of the ETS in Kentucky. Additional information will be released as soon we hear from the Supreme Court.

At this point, we are still in a wait and see mode. KLC recommends cities prepare to implement the ETS in the event that it does go into effect, but there is no current requirement. As far as a timeline for Kentucky, the state has 30 days to adopt the OSHA ETS from the time it goes into effect. Also, note that there is nothing to prevent an employer from going ahead with the policy if they choose to do so.

KLC is monitoring the ETS and will review any information from Kentucky as soon as it is released. For a sample policy and documents to assist in the implementation, contact KLC Personnel Services Manager Andrea Shindlebower Main or any KLC Municipal Law Department member.