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What to Do Next: OSHA’s ETS and Other Concerns for Employers - On-Demand

What to Do Next: OSHA’s ETS and Other Concerns for Employers - On-Demand

Product Code: YQWA112921A

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What to Do Next: OSHA’s ETS and Other Concerns for Employers - On-Demand

Webinar now available On-Demand.

Length: 1 hour


WEBINAR SNAPSHOT: Uncover next steps & best practices for complying with the Emergency Temporary Standard and implications for employers who may need to require COVID-19 vaccination or weekly testing in the workplace.



On November 5, the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) that mandates employers with at least 100 employees to require vaccination or weekly testing of their employees. The rule allows for a few exemptions, including people who work exclusively outside or from their homes and those with medical or religious reasons for refusing vaccination.

On November 6, a group of businesses were successful in getting a three-judge panel from the 5th U.S. Circuit Court of Appeals to issue a temporary stay blocking enforcement of the rule pending further action from the court. Despite the Biden Administration's vaccine mandate being put on temporary hold, the White House is still encouraging employers to proceed with implementing the policy. Begging the question, now what?

Join attorneys Fern Fleischer-Daves and Lindsay DiSalvo for a live webinar on November 29, to uncover next steps and best practices for complying with the mandate, should the temporary hold be lifted and employers are forced to require COVID-19 vaccination or weekly testing in their workplaces. 

    After attending this webinar, the participant will be able to:

    • Understand what proof of vaccination can be requested, and from whom.
    • Satisfy both the Affordable Care Act “reasonable alternative” and Americans with Disabilities Act “reasonable accommodation” rules for vaccine incentives.
    • Anticipate complications of a “testing alternative” to vaccination.

    About Your Presenters

    Fern Fleischer-DavesFern Fleischer-Daves is of Counsel to Conn Maciel Carey, providing advice on environmental, safety and health, and product stewardship matters.  She specializes in compliance with federal regulations promulgated by EPA, OSHA, MSHA, DOT, CPSC, and FDA.

    Fleischer-Daves was previously Senior Counsel at Chevron, General Counsel of the Thermostat Recycling Corporation, Assistant General Counsel to ITT Corporation, and held both legal and business roles at ASARCO Incorporated.  Earlier in her career, she practiced law at two law firms in New Jersey.

    She has served as a member of the boards of directors of the Thermostat Recycling Corporation and Urban Art Projects and has held leadership positions at the Association of Corporate Counsel, the Corporate Environmental Enforcement Council, the American Bar Association, and The Auditing Roundtable.


    Lindsay A. DiSalvoLindsay A. DiSalvo is an Associate in the Washington, DC office of Conn Maciel Carey LLP. DiSalvo represents and advises employers in all aspects of the employer-employee relationship including wage and hour disputes, claims of employment discrimination, and compliance with the Americans with Disabilities Act. DiSalvo also reviews and revises employee handbooks and workplace policies and procedures, and prepares separation and settlement agreements.

    In addition, DiSalvo represents employers during inspections and investigations conducted by the federal Occupational Safety and Health Administration (OSHA) and state OSHA programs, and handles the full range of OSHA litigation, from citation contests to administrative hearings. DiSalvo also advises and counsels employers in responding to notices from OSHA about employee complaints of safety hazards, and helps develop and audit safety and health programs. 

    While at law school at The George Washington University, DiSalvo received the ABA-BNA Award for Excellence in the Study of Labor and Employment Law and a pro bono service recognition. Additionally, she worked at the school’s Public Justice Advocacy Clinic, through which she provided representation to low-income clients looking to obtain unemployment compensation. DiSalvo also served as a judicial intern for Judge Jeanette J. Clark in the D.C. Superior Court.

    Prior to attending law school, DiSalvo joined Teach For America and taught 7th Grade Mathematics in Philadelphia, PA. She lives in Washington, D.C.

    Credit Information

    HR Certification Institute HRCI
    SHRM Preferred Provider

    CREDIT INFORMATION: This program has been submitted to the HR Certification Institute® for review.





    BLR®—Business & Learning Resources is recognized by SHRM to offer SHRM-CP or SHRM-SCP professional development credits (PDCs). This program is valid for (1.0) PDCs. For more information about certification or recertification, please visit shrmcertification.org.
    The on-demand credits expire 12/31/21.