Vaccine Mandates Update – Supreme Court Arguments Scheduled & NV OSHA Announcement

Over the last few days, there have been two important developments with vaccine mandates.

First, on January 7, 2022, the U.S. Supreme Court will hear arguments on both the Vaccination and Testing Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) and the vaccine mandate issued by the Centers for Medicare & Medicaid Services (CMS).

Second, Nevada OSHA has finally provided information to Nevada’s employers about the federal OSHA’s Vaccine ETS. NV OSHA clarifies that the new deadlines established by OSHA for employers to implement its Vaccine ETS do not apply in Nevada. Instead, NV OSHA has until January 7 to notify the federal OSHA if it will adopt the Vaccine ETS or its own standard. Thereafter, NV OSHA has until January 24, 2022, to adopt and implement the standard it chooses. Finally, once NV OSHA adopts its Vaccine ETS, employers will have a 30 day grace period to come into compliance with its requirements (60 days for testing requirements) provided they are making reasonable and good faith efforts to do so.

NV OSHA’s announcement makes clear that Nevada’s larger employers have additional time to implement a vaccine mandate. As soon as we know what type of mandate will apply in Nevada for larger employers, we will notify you.

In the meantime, Nevada employers should stay tuned for further developments. As always, KZA attorneys are available to answer your questions.

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.