Looking into COVID-19 crystal ball and answering employers’ questions

We held an interactive webcast in February 2022 and provided employers with an opportunity to ask questions about how to pay for COVID-19 testing, create virus prevention and control policies, and navigate federal guidance and regulations, including those withdrawn by the Occupational Safety and Health Administration (OSHA) after recent U.S. Supreme Court decisions. Here are five key questions and answers raised during the discussion.

5 key questions

Do employers with fewer than 100 employees need to establish COVID-19 policies and procedures? Yes, all employers need to comply with OSHA’s general duty clause. While the Supreme Court suspended the emergency temporary standard (ETS) that would have required larger employers to institute a vaccination or mandatory testing and face covering rule, the agency is still expecting employers to have a written virus prevention and control plan.

In addition to complying with the general duty clause, healthcare employers certified by the Centers for Medicare and Medicaid Services (CMS) must require vaccinations of all personnel. The list of covered, CMS-certified entities participating in the Medicare and Medicaid programs can be found in the CMS Interim Final Rule.