LOC News
Labor Department Rules on Federal Vaccine and Testing Requirements Expected Soon
From conversations this week with the National League of Cities and the White House Office of Intergovernmental Affairs, the LOC has learned the U.S. Department of Labor will issue the final rules on requirements for employee vaccinations and testing in approximately one month. Prior to releasing the rules, the agency is expected to issue an updated FAQ guide that will address specific questions for public employers. It continues to be the LOC’s understanding that public employers with 100 or more employees will be impacted by these new requirements.
At the request of the LOC, the Oregon Occupational Safety and Health Administration (OSHA) recently produced its own frequently asked questions (FAQ) document to shed light on pending employer requirements that would ensure workers are vaccinated or tested regularly. Please be advised: the LOC, the National League of Cities and Oregon OSHA will all share additional information and details as they become available.
Q: What is the impact in Oregon of the Biden administration’s announcement of a federal OSHA rule calling on businesses with more than 100 workers to require vaccinations against COVID-19 or weekly testing?
A: Once Oregon OSHA sees the impending federal rule, the division will begin determining its impact in Oregon. At this point, the division does not yet know the details of what it will look like here.
Q: What does Oregon OSHA have to do in response to the impending federal rule?
A: Oregon is a state that has its own OSHA program. A new federal rule triggers a requirement that the division adopt a rule that is “at least as effective” as the federal version. For context, the federal Occupational Safety and Health Act of 1970 became part of national labor law in 1971. Two years later, Oregon passed its own workplace safety and health law: the Oregon Safe Employment Act.
Q: What is Oregon OSHA’s jurisdiction, in light of the Biden administration’s announcement?
A: For workplace health and safety, Oregon OSHA has jurisdiction over the public and private sector. It is the division’s expectation that whatever happens in Oregon in response to the federal rule would apply to both the public and private sector.
Q: What resources does Oregon OSHA offer if I need help navigating existing or new workplace health and safety requirements?
A: In addition to its enforcement program, Oregon OSHA offers a variety of educational and training resources. A primary example is the division’s consultation services, which offers employers free and confidential help with their safety and health programs – no fault, no citations, no penalties.
The division also offers technical experts, online training resources, bilingual training and an A-to-Z topic index, with access to publications, fact sheets, and related information.
Contact: Scott Winkels, Lobbyist - swinkels@orcities.org
Last Updated 9/24/21