As a follow-up to Episode 34 on the federal vaccine mandate, Unum employment law and compliance expert Ellen McCann joins guest host Nate Smith with updates for employers on OSHA’s most recent guidance, outlining what employers need to know, what clarifications occurred with OSHA’s guidance and important timelines to consider.* 

-        Employers with 100 or more employees will need to choose which route to take. Under OSHA’s Emergency Temporary Standard, employers can choose between requiring 1) All employees to be vaccinated 2) Employees to choose between weekly testing or full vaccination.  [3:15] 

-        The mandate plan has several components that relate to different type of employees. For example, employees who work exclusively from home will not be subject to this mandate. In this case, they will need to be tested before coming into the workplace. [4:58] 

-        These new requirements are set to go into effect in the near future. OSHA has published a chart on their website that shows compliance dates and requirements. [7:05] 

-        No matter which route employers take, precise record-keeping will be critical. Supportive solutions will help employers manage the complex requirements, from proof of vaccination status to testing results to vaccination exemptions. [8:41]

-        The right technology solution can help employers.  Systems like Unum Vaccine Verifier make it easy for employers to maintain an accurate, up-to-date vaccination and test result roster in one place. [15:43]

-        How do recent court rulings impact employers? The 5th Circuit Court of Appeals has issued an injunction, halting the mandate for the time-being. Be on the lookout for more information as the case proceeds. [19:24]

-        Additional resources: How the federal vaccine mandate may affect employers. 

*Currently subject to a temporary stay by the 5th Circuit Court of Appeals.  

Featured Speaker 

Ellen McCann

Assistant Vice President of Unum Solutions

Ellen McCann has expertise in leave management, specifically the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). As Assistant Vice President, Unum Solutions, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to create solutions that help employers manage the complex leave process. Currently, she supports Total Leave, Unum’s digital leave management solution, and Unum Vaccine Verifier, a simple, secure way to verify vaccination status, manage exemptions and manage COVID testing compliance.

Previously, Ellen worked in the Employment Law Group, providing support to Unum’s Absence Management Center and advised Human Resources on employment-related legal issues for more than 20 years. She worked at Davis, Malm & D’Agostine law firm in Boston prior to joining Unum. She is also a certified trainer for the Society for Human Resources Management (SHRM).