The Nevada Nuance To OSHA’s Vaccine Mandate For Larger Employers

As you know, the Sixth Circuit Court of Appeals lifted the stay of the Vaccination and Testing Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The ETS requires larger employers (with 100 or more employees) to adopt vaccination programs. Several parties have asked the U.S. Supreme Court to reinstate the stay, and Justice Kavanaugh has requested the government’s position on those requests by December 30. As such, we do not expect a decision from the U.S. Supreme Court on the stay until after December 30.

Even though OSHA has implemented new deadlines for employers to comply with the ETS (January 10 and February 9), these deadlines do not necessarily apply in Nevada because Nevada has a State OSHA Plan. According to NV OSHA in response to our inquiry, State Plans have until January 7 to decide whether to fully adopt the federal ETS or implement their own equally effective standards; moreover, they have until January 24 to implement the standard they choose.

Nevada’s covered employers are wise to begin preparing to implement the ETS in case the stay remains lifted while paying special attention for NV OSHA announcements. Also, if your employees are represented by a union, please remember that the National Labor Relations Board has taken the position that you have an obligation to bargain over those aspects of the ETS that are discretionary and the effects of the ETS.

We will keep you updated on NV OSHA’s decision and the litigation over the ETS. KZA attorneys are available to answer your questions and help you prepare for the potential ETS. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.