OSHA’s Vaccine Mandate: Your Questions Answered

Can employers fire workers who don’t comply?

The religious and medical exemptions will come into play here — but when it comes to people who do not have exemptions, employers are generally free to discipline people who don’t follow their rules. They may face pushback, though, under collective bargaining agreements.

If workers are fired for not following the rules, are they eligible for unemployment?

A worker’s eligibility for unemployment is determined on a state-by-state basis. Typically, people qualify for unemployment if they’re terminated through no fault of their own, but each state has its own standards and what that means is up to highly varying interpretations.

The Test-Out Option

Can employees opt out through testing? Who will pay for those tests?

It will be up to employers to determine whether workers can opt out of getting vaccinated by submitting to coronavirus testing. If workers opt to be tested weekly instead of being vaccinated, they must also be masked in the workplace. OSHA does not require employers to pay for or provide tests, given that the vaccine is free and highly effective, but businesses may be required to pay under collective bargaining agreements or local laws.

Is it legal for employers to mandate vaccines without giving workers an option to instead submit to testing?

Unless workers qualify for an exemption, employers have the right to mandate vaccines without a testing option. In fact, labor lawyers said that OSHA has indicated it prefers employers to mandate the vaccine.

What tests meet the standards of this rule?

All coronavirus tests approved for emergency use by the Food and Drug Administration are permitted, including so-called PCR tests, considered the gold standard for detecting infection, along with the rapid antigen tests, which are less sensitive.

Do employers have to provide their workers with paid time off for Covid testing?

No. Employers have to provide paid time for getting the vaccine and sick leave for recovering from side effects, but they are not required to provide leave for testing.

Enforcement

How will the rule be enforced?

OSHA is expecting that the vast majority of workplaces will comply with its rule, but it will investigate complaints that workers raise. The agency has a whistle-blower system that allows workers to report any possible violations at their workplaces. The agency has tended to be short-staffed on inspectors, labor lawyers said, but it is likely to make enforcement of the rule a high priority.

Article source: https://www.nytimes.com/article/vaccine-mandate-biden-osha.html