Hurry Up and Wait: Employers Await the OSHA Rule Requiring Either Vaccine or Weekly COVID-19 Testing for Employees of Larger Employers
Despite the fact that the COVID-19 vaccines are highly effective against serious illness/death and are free to all eligible Americans, our country has struggled with a recent surge of COVID-19 hospitalizations and deaths. In response, President Biden made an unprecedented move by directing the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard requiring private employers who employ 100 or more employees to mandate that employees either receive the COVID-19 vaccine or in the alternative undergo weekly testing for COVID-19. OSHA requires all employers under its General Duty Clause to provide a safe workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.”
Kelly Tilden focuses her practice in the areas of employment law, business, and litigation. She advises clients regarding the hiring, discipline and termination of employees, compliance with state and federal civil rights, wage and hour laws, and leave laws. Kelly offers practical guidance and experienced-based insight to help employers confidently apply state and federal regulations. She has been selected by her peers for inclusion in the Best Lawyers in America® 2018-2022 for Employment Law - Management.
Kim McGair's practice emphasizes a wide range of litigation matters including employment, commercial litigation, commercial collections, personal injury defense, and real estate litigation. She is an advocate for her clients and provides them with sensible advice and strong representation to protect their interests and help them achieve their objectives as efficiently as possible. Kim was selected by her peers for inclusion in the Best Lawyers in America® 2018-2022 for Commercial Litigation and to the Oregon Super Lawyers list 2019-2021 for Commercial Litigation.
Trish Walsh focuses her practice in the areas of litigation and employment law, protecting clients' interests inside and outside the courtroom. In her employment practice, Trish drafts, audits and updates policy handbooks and provides advice on employment issues under Oregon, Washington and federal laws.
Jon Himespractices in several areas including litigation, employment, and financial services, enabling him to assist clients with a full-range of legal and business challenges. His employment practice focuses on employment litigation and wage and hour laws.
The contents of this publication are intended for general information only and should not be construed as legal advice or opinion on specific facts and circumstances.
