ND governor signs HB 1511 restricting vaccine mandates

The North Dakota Legislature has passed, and Governor Doug Burgum reportedly signed into law, House Bill (HB) 1511 related to COVID-19 vaccine mandates and documentation with a number of implications affecting employers. At the same time, the federal emergency temporary standard (ETS) requiring employers to implement vaccine-or-testing policies faces litigation, and its status remains in question.

Federal ETS on shaky ground

On November 12, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi employers) ordered the Occupational Safety and Health Administration (OSHA) to stay (or suspend) implementation and enforcement of its COVID-19 ETS, which requires private employers with 100 or more employees to have vaccine-or-testing policies. The rule is on hold until an appellate court reviews it further to determine whether the agency had authority to issue it.

OSHA insists it will continue to defend the ETS while judicial review moves to the next step in the process, but it “has suspended activities related to the implementation and enforcement of the [rule] pending future developments in the litigation.” The appellate court that ultimately issues a decision may end the stay or leave it in place. Employers subject to the rule should continue preparing for compliance in the event the stay is lifted and compliance may be required under a short timeline.

North Dakota limitations

Here are some highlights of the new North Dakota law: