Large Employer Vaccine Mandate

Federal law gives OSHA the authority to issue an emergency temporary standard if it determines workers are exposed to a “grave danger” that necessitates a rule. So, employers with over 100 employees must develop, implement, and enforce a mandatory COVID-19 vaccination policy with an exception for employers that instead adopt a policy requiring employees to either get vaccinated, or to elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.

Temporary Halt to Regulation

On November 8th the U.S. Court of Appeals for the 5th Circuit put an emergency temporary stay on the new regulation citing “grave statutory and constitutional issues” with the rule.

What to Expect: It is unclear how long it will take for legal disputes around the vaccine rule to be resolved. More than two dozen state attorneys general as well as other organizations are challenging the rule in court. Experts predict that the United States Supreme Court may ultimately decide the validity of the mandate.

What Should Employers Do? Businesses subject to the vaccine mandate should ensure they are in a position to comply with the mandate should the mandate become effective.


If the emergency standard holds, there are two compliance due dates for affected employers.
Part One: December 6, 2021
Part Two: January 2, 2022

Part One Employer Requirements

  • Establish an official written vaccination policy with specific data elements. A model notice can be provided to employers through your Parrott representative.
  • Determine the vaccination status of each employee, obtain acceptable proof of vaccination and maintain records and a roster of employee vaccination status.
  • Give each employee, in a language and at a literacy level the employee understands, the following:
  • Provide employees with four (4) hours of paid leave to get their first and/or second vaccine doses
  • Require employees to promptly provide notice of positive COVID-19 test or diagnosis to the employer
  • Remove any employee who received a positive COVID-19 test or diagnosis from the physical workplace (employees who test positive may continue to work remotely)
  • Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes
  • Report work-related COVD-19 fatalities to OSHA within eight (8) hours and work related COVID-19 in-patient hospitalizations within 24 hours
  • Make certain vaccination-related records and policies available to employees, their representatives, and OSHA upon request.

Part Two Employer Requirements

  • Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer)
  • Record each COVID-19 test result that each employee provides and keep a record of the tests.


OSHA will be the enforcing authority of this mandate. They will have the ability to cite and financially penalize employers for general non-compliance with all or specific aspects of this policy or cite employers for violations in particular instances. OSHA penalties are:

  • $13,653 for each violation
  • $136,532 for a willful or repeated violation


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