The Department of Labor’s Occupational Safety and Health Administration (OSHA) is in the process of developing a rule to require employers with 100 or more employees to ensure their workers are fully vaccinated or undergo testing for COVID-19 on a weekly basis. To implement these requirements, OSHA plans to issue an Emergency Temporary Standard (ETS).
Experts are torn on whether these requirements are legal, and media reports suggest that the emergency rule would only apply in the 26 states and two territories with state-level OHSA-approved workplace safety plans. According to OSHA’s website, Georgia is under federal OSHA jurisdiction, which covers most private employees. However, state and local government workers in Georgia are not covered by federal OSHA regulations.
In the meantime, the City Schools of Decatur has announced its plans to mandate COVID-19 vaccination for its staff, and Gov. Brian Kemp has threatened to sue the federal government over the new vaccine and testing requirements being drafted by the Biden administration.
Georgia Charter Schools Association recommends that state and local charter schools consult with their respective counsel, the State Charter Schools Commission of Georgia or their district authorizers before finalizing any vaccination policies for school employees or students.