On September 9, 2021, President Biden announced his COVID-19 Action Plan.  As part of that plan, the President directed the U.S. Department of Labor’s Occupational Safety and Health Administration  to draft a rule requiring companies with 100 or more employees to either (1) ensure that their workforce is “fully vaccinated” or (2) require any workers who remain unvaccinated to produce a negative test for Covid-19 at least once a week. OSHA is expeditiously developing an emergency technical standard (ETS) to implement the President’s directive. Early information from White House officials suggests that covered dealers will also be required to provide employees with paid time off to get vaccinated and/or to recover from any vaccination side-effects.

As of today, the rule has not yet been prepared and it is unclear when it will be issued and become effective. In addition, details on issues such as how dealers will be required to determine who is and who is not vaccinated and what types of tests will be required have not been announced; these and other questions will likely be addressed in the ETS.

NADA is following this issue closely and will release further information as it is available. Until the ETS takes effect, dealers are urged to consult with outside counsel regarding the adoption of workplace vaccination policies.

For more information on health and safety considerations involving the COVID-19 pandemic, see NADA’s FAQ. Questions can be directed to [email protected].