While school bus operators in
NYC are already subject to vacci- nation requirements under state requirements—and may also be subject to the federal OSHA rules— this highlights the patchwork of vaccination requirements that are out there. Regardless of where they are located, it is imperative that school bus operators consult with counsel to determine their compli- ance obligations in their particular jurisdiction.
Businesses may be getting back
to as close to the old normal as they can, but risks still remain and the vaccine mandate landscape is still developing. School districts and bus companies should continue to be cautious and diligent and follow applicable vaccine mandates and other COVID-19 mitigation require- ments to avoid legal pitfalls. The Equal Employment Oppor- tunities Commission (EEOC) also
updated its COVID-19 guidance on workplace vaccine issues. The EEOC’s guidance highlights some key points for employers to keep in mind as they prepare to comply with the ETS or other state and local mandates, or for those thinking about mandating, incentivizing or simply encouraging COVID-19 vac- cines in their workplaces. School bus operators should work with their legal counsel to determine how best to comply with COVID-19 regulations that apply to them. ●
Matthew W. Daus is the founder and chair of the Transportation Practice Group for Windels Marx. His practice focuses on transportation law, counseling clients on a broad range of matters including regulatory compliance, strategic planning, procurement, litigation, regulatory due diligence, administrative law, and public policy.
Citations
1.
www.ncsl.org/research/health/ school-immunization-exemption-
state-laws.aspx 2
www.whitehouse.gov/covidplan/ 3. https://coronavirus.
health.ny.gov/system/files/ documents/2021/09/2.62- determination.pdf 4. https://coronavirus.
health.ny.gov/system/files/ documents/2021/09/school- guidance.pdf 5.
www.federalregister.gov/
documents/2021/11/05/2021-23643/ covid-19-vaccination-and-testing- emergency-temporary-standard 6.
www1.nyc.gov/site/doh/covid/
covid-19-vaccine-workplace-
requirement.page
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