Where Arkansas stands on COVID-19 vaccination mandates

Arkansas employers are understandably confused about where they stand on requiring employees to be vaccinated for COVID-19. The situation is very fluid and confused at the moment with (1) federal contractors being told to have their employees vaccinated and (2) the Occupational Safety and Health Administration (OSHA) having issued regulations requiring employers to have their workers get the shots or be tested weekly for the virus. In stark contrast, Arkansas Acts 1113 and 1115 exempt employees from vaccine mandates if they are tested weekly or can demonstrate proof of immunity.

Sources mandating COVID vaccination

OSHA. If you have been following the news at all, you’re aware OSHA recently issued an emergency temporary standard (ETS) requiring employers with more than 100 employees to require them to be fully vaccinated or, alternatively, tested weekly for a COVID-19 infection. Notably, U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas employers) entered a nationwide stay halting the implementation of the agency’s vaccination requirements until a trial, and the Cincinnati-based 6th Circuit was chosen by lottery to hear the consolidated challenges and make a final determination.

Based on the 5th Circuit’s 22-page opinion, OSHA’s ETS faces significant legal issues, including its conflict with the agency’s earlier positions. The litigation process is expected to take at least many months and possibly multiple years, especially as an appeal to the U.S. Supreme Court is likely by whichever party loses the lawsuit.