Back from the Dead: OSHA’s COVID-19 Rules for Large Employers

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COVID-19 laws are changing rapidly and unpredictably. This past Friday, December 17, 2021, a federal court in Ohio surprisingly reversed a nationwide injunction against federal OSHA’s COVID-19 vaccinate-or-testing mandate for large employers (i.e., employers with 100 or more employees). Thus, effective last Friday, the federal OSHA rules (the “Rules”) are back in effect. A copy of the Rules is available here.

And OSHA quickly reacted to the news, announcing that on January 10, 2022, it will begin issuing citations for non-compliance (one exception: testing, whose citations’ commencement date has been pushed to February 9, 2022). A copy of OSHA’s announcement is here.

It is possible that the U.S. Supreme Court will step in and enjoin these Rules before OSHA metes out penalties for non-compliance. But we cannot be confident about that. So, in the meantime, we advise employers:

  1. Review and re-acquaint itself with the Rules;
  2. Decide if they wish to implement a vaccine mandate (if not, employers will have to implement a mandatory testing-and-face covering policy at work);
  3. Prepare written vaccination-or-testing policies in conformity with OSHA’s Rules (happily, OSHA has provided templates here and here); and
  4. Stay tuned for additional updates.

For more information, please contact us at

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.