Thank you to those who were able to attend today's webinar. For your convenience, you may access the slide deck HERE. As we stated, the conflicting Federal and Florida rulings are complicated and could change within the next few days if the Supreme Court issues a stay of proceedings.
The Supreme Court will hear oral arguments on the reinstatement of the stay on this OSHA ruling tomorrow, so we hope this leads to a decision that postpones these rules. But as of today, the following information applies to Dealerships with 100 employees or more:
By January 10, 2022
- Adopt a policy requiring all employees be vaccinated, or
- Adopt a policy requiring all employees be vaccinated or if unvaccinated, be regularly tested and wear a mask at work
By February 9, 2022
- Begin implementation of weekly testing if you have adopted a policy permitting testing
Sample Forms:
Sample Q&A:
Q: Can we request vaccination/health questions without violating HIPAA?
A: You can ask about an employee’s vaccination status and request proof of vaccination; for those that claim a medical exemption to a vaccine mandate, you can request support for the claimed medical condition.
Q: If an employee recently had COVID, is there an exemption to testing requirements?
A: 90 days from the date of the positive test.
Q: Do we have to pay for an employee’s time to get tested and if so, at what rate?
A: Yes, you should pay them at their regular rate.
Q: What do we do when no tests are available?
A: Unfortunately, there are no exemptions established for inability to obtain a test; employees subject to testing that have not been tested may not report to work.
Q: Do we really have to require masks?
A: Yes.
Q: Does an employee have to wear a mask if they can be 6 feet away from another person?
A: Yes; unless that employee is isolated in his or her own closed office with no interaction with other persons.
Q: What can we do to enforce a mask mandate?
A: You can discipline employees that do not comply with the mask mandate in the same manner as you would discipline employees for any other violation of company policy.
Q: Can we terminate an employee without concern of a discrimination lawsuit?
A: Discipline, including termination, for violation of the adopted policy should be in keeping with any other violation of company policy.
Q: What are the fines for non-compliance?
A: OSHA may fine a covered employer that does not comply with the ETS up to $13,653 for each violation of the standard. Employers that willfully or repeatedly violate the standard can be fined up to $136,532.
As always, please consult your legal counsel for specific questions and concerns. You can also email questions to members@flada.org and k
eep up with the latest information at flada.org.
