[Michlib-l] Vaccine Mandate proposed rule

[Membiela, Clare (MDE)]

Greetings!

The OSHA regulatory language for the long- awaited vaccine mandate for large employers was just released this morning. https://www.osha.gov/coronavirus/ets2
 https://public-inspection.federalregister.gov/2021-23643.pdf

The rule is in a proposed stage and will not be effective until published in the Federal Register on Jan 4, 2022


And this is where it gets a bit complicated 😊

OSHA is the agency releasing and enforcing the rules for most states, and OSHA covers PRIVATE businesses – not government entities, so the rules they release will not generally apply to public libraries

BUT

Michigan is one of about 21 states that took advantage of an option in the OSHA act that enables states to draft and administer their own workplace safety plans and agencies in lieu of OSHA. These state plans must adopt OSHA standards- or standards that are stricter than OSHA’s.

The states that do NOT have state plans (and therefore are under OSHA) pass separate workplace laws and regulations applicable to public employers and entities not covered by OSHA. The states WITH plans combine public and private employers and entities into their state plan.

THEREFORE, even though OSHA’s rule as issued would not apply to Michigan public libraries, MiOSHA will have to adopt the rule and, depending on the language MiOSHA chooses, their rule would likely apply to public and private employers (and therefore public libraries).

SO, there is really nothing we can say right now about what Mi public libraries will have to do to follow the new rule. We will have to wait for MiOSHA to issue their rule, which I am guessing will occur soon after the release of the OSHA rule. The language will likely be the same, but we won’t know for certain until it is out.

HOWEVER: It is very likely that the requirements will not apply to libraries with less than 100 employees, so most public libraries will probably not be affected. (Note- If your library employees are “municipal employees” – township, county, city, etc., there may be more employees than you think- you will want to consult your attorney once the MiOSHA rule is issued).

We will keep you updated as information is available. Libraries are encouraged to contact their attorneys with questions about specific situations.

Have a great day!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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