January 6: COVID-19 Update – Status of OSHA Vaccine Mandate

Good morning,

As we have previously discussed, the federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard remains caught up in court. The US Supreme Court is hearing arguments on this topic tomorrow, Friday, January 7. We don’t know how long it will take the court to issue a final ruling, but the OSHA rule is currently in effect until the Supreme Court says otherwise.

If the Supreme Court strikes down the vaccine/testing mandate, we do not plan to implement a mandate at this time. If the Supreme Court upholds OSHA’s rule, we will follow direction from MIOSHA and MCRCSIP to implement the required rule in a timely manner.

While we wait for a decision, we have been advised by our insurance pool, MCRCSIP, to start collecting vaccination status information from employees to make sure we are prepared in case the federal rule is ultimately upheld. The other large road commissions in Michigan, who are also subject to this rule, have started collecting this information as well.

If an employee is fully vaccinated against COVID:

Starting today, all employees who are fully vaccinated against COVID-19 need to submit proof to Nicole Peterson in HR. Currently, the OSHA rule defines fully vaccinated as 2 weeks after your final dose of a 2-dose series (Pfizer or Moderna) or 2 weeks after the 1-time dose of a single series (Johnson & Johnson). There is not currently a requirement for booster shots.

The following record of vaccination will be accepted:

  • Photo of the front and back of your COVID vaccination card
  • Screenshot or copy of the medical vaccination record from your healthcare provider

Proof of vaccination should be sent directly to Nicole Peterson in HR by 3:30 p.m. on Friday, January 14, 2022.

Ways to submit records:

  • Text photos to Nicole Peterson, (734) 255-0818
  • Email photos to Nicole Peterson, [email protected]
  • Hard copy
    • Drop off a copy in a sealed envelope to Nicole’s office in the Administration Building.
    • Send a hard copy to Nicole via interoffice mail in a sealed envelope (interoffice envelopes have been provided to each foreman).

If an employee is not fully vaccinated against COVID:

Regardless of the reason, they need to notify Nicole of this status. Again, the OSHA rule currently defines fully vaccinated as 2 weeks after your final dose of a 2-dose series (Pfizer or Moderna) or 2 weeks after the 1-time dose of a single series (Johnson & Johnson). There is not currently a requirement for booster shots.

This notification should be sent directly to Nicole Peterson in HR by 3:30 p.m. on Friday, January 14.

Ways to provide notification:

Additional Information:

Proof of vaccination will be treated as a confidential medical record.

Any employee who is not fully vaccinated or does not provide proof of vaccination status may be subject to weekly testing requirements as outlined in the OSHA rule in the near future.

I will provide another update as soon as we know more from the Supreme Court, MIOSHA and MCRCSIP.

Please reach out to Nicole or me with questions.

Thank you and take care,

Sheryl

(734) 327-6687

[email protected]