FWEDA and EDA have been following President Biden’s Vaccine Mandate and its implications for your dealership. The following is guidance and things to consider awaiting the OSHA rule.
President Biden directed OSHA to create an Emergency Temporary Standard. This standard, once created, will remain in effect for six months unless OSHA creates a permanent standard by going through a rule making process. While President Biden directed OSHA to create the rule within seven days, it may take OSHA more time to create said rule.
What can you do to prepare for OSHA’s rule?
First, understand an employer must have 100 employees to be subject to the mandate.
Take account of employees who are vaccinated. Ensure this process is done in a secure and confidential manner. If personnel files are electronically stored, protect the files related to this endeavor.
Decide whether to implement a mandatory vaccine policy. For many dealers a vaccine mandate may be easier to implement than a COVID testing policy. Please note, there are religious and medical exemptions an employee can claim. Employers request reasonable verification of a medical exemption. For closely held religious exemptions, those are protected even if they are not adopted by a formal religious group. Political and philosophical objections are not protected.
For dealers planning to engage in weekly tests, note that some states require employers to pay for mandatory medical tests. Further, the Fair Labor Standards Act requires employers to pay for time spent undergoing testing during the workday. It could be determined that this would include pay for employees who must test to return to work.
FWEDA will provide additional updates as they become available. For specific inquires, please contact our Dealer Helpline at 800.576.8850 or email email@example.com.