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Tulsa Attorney Keith Wilkes in Contracting Business News - Biden Jab Order Ignites More Virus Controversy

September 10, 2021

Contracting Business News

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Keith Wilkes, a labor and employment partner/shareholder at the national law firm Hall Estill, said the emergency OSHA rule would affect more than 80 million private sector workers. He also questioned the hope some have in challenges to the order.

"OSHA, which falls under the U.S. Department of Labor, will issue an Emergency Temporary Standard (ETS) to implement the new rule Although the timing of when the ETS requirement will go into effect is not clear, it will likely not be a long wait. The federal government did its legal homework before implementing the same mandate, via Executive Order, for federal employees in July. Today, however, President Biden announced that he is removing the regular testing option for federal employees and employees of all federal contractors," Wilkes said.

"Employers impacted by the new OSHA rule will be required to explore whether reasonable accommodation exists for those employees who seek refuge from the vaccination mandate because of a sincerely held religious belief, or a disability-based reason. Absent falling into one of those two categories, unvaccinated private sector employees who fall under this new rule will have no choice but to obtain full vaccination if they wish to keep their current job," Wilkes says.