COVID VACCINE Mandate Update

November 4, 2021

Today the White House announced details of two major vaccination policies. First, the Department of Labor’s Occupational Safety and Health Administration (OSHA) is announcing the details of a requirement for employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis.

The OSHA rule will also require that these employers provide paid-time for employees to get vaccinated, and ensure all unvaccinated workers wear a face mask in the workplace. This rule will cover 84 million employees.

Click here to read the announcement with full details on policies.

In addition, please see the note below from American Trucking Associations CEO Chris Spear and the announcement sent from ATA this morning on the vaccination policies. TXTA and SMA are in communications with ATA and will continue to update the membership as clarifications and guidance become available on these policies.

Letter from American Trucking Associations CEO Chris Spear

Dear ATA Member:
As we reported immediately after OSHA released its Emergency Temporary Standard (ETS) this morning on the COVID vaccine, the rule does not include an express exemption for commercial drivers. However, the rule does exempt employees who work 100% alone or outdoors, so long as their indoor contact with other employees or customers is minimal (e.g., using a restroom or briefly visiting an administrative office). In our view, that exemption covers much of the commercial driver population, but as with any complex new rule, it is impossible to be certain how OSHA will apply it until they issue guidance or begin enforcement. We will seek clarification whether commercial drivers are generally exempt under this provision. We remain prepared to seek judicial review of the rule.

We have updated our toolkit that includes frequently asked questions. We will keep you updated.

Thanks,
Chris