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Oklahoma Association of Municipal Attorneys

OSHA Mandate

John R. Andrew

Fri, Nov 5, 2021 7:31 PM

Good afternoon, all,

I read through the documents posted yesterday regarding the vaccine mandate for 100 Plus employers and we are trying to determine whether it will apply to municipalities, and I wanted to get some input on what you all think.

I was always under the impression that OSHA did not include municipal governments, but our Fire Chief pointed out to me in OAC 380:40-1-2 that the definition of "employer" in 29 CFR 1910.2(c) was replaced with the definition in 40 O.S. section 402(1) which includes political subdivisions. I'd like to see what others have found regarding application of this ETS.

Any ideas?

Thanks!

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.gov

Good afternoon, all, I read through the documents posted yesterday regarding the vaccine mandate for 100 Plus employers and we are trying to determine whether it will apply to municipalities, and I wanted to get some input on what you all think. I was always under the impression that OSHA did not include municipal governments, but our Fire Chief pointed out to me in OAC 380:40-1-2 that the definition of "employer" in 29 CFR 1910.2(c) was replaced with the definition in 40 O.S. section 402(1) which includes political subdivisions. I'd like to see what others have found regarding application of this ETS. Any ideas? Thanks! John R. Andrew, J.D., M.P.A. City Attorney, City of Ponca City, OK PO Box 1450 Ponca City, OK 74602-1450 (580) 767-0337 andrejr@poncacityok.gov

Rick Knighton

Fri, Nov 5, 2021 7:33 PM

From the Federal Department of Labor's FAQ page regarding the Emergency Temporary Standard:

2.E. Would a state of local government employer with more than 100 employees be subject to this ETS?

The ETS does not apply to state and local government employers in states without State Plans, because state or local government employers and employees are exempt from OSHA coverage under the OSH Act (29 U.S.C. 652 (5)). However, in states with OSHA-approved occupational safety and health programs ("State Plans"), state and local government employers with 100 or more employees will be covered by State occupational safety and health requirements, and State Plans must adopt requirements for state and local employers that are at least as effective as federal OSHA's requirements in this ETS. State Plans may also choose to adopt more protective occupational safety and health requirements (29 USC 667(c)).

States with State Plans are set forth in Table IV.B.2 of the ETS. Oklahoma does not have an approved State Plan. Thus, the ETS does not apply to local government employers in Oklahoma.

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This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: John R. Andrew andrejr@poncacityok.gov
Sent: Friday, November 05, 2021 2:31 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] OSHA Mandate

Good afternoon, all,

Any ideas?

Thanks!

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.gov mailto:andrejr@poncacityok.gov

From the Federal Department of Labor's FAQ page regarding the Emergency Temporary Standard: 2.E. Would a state of local government employer with more than 100 employees be subject to this ETS? The ETS does not apply to state and local government employers in states without State Plans, because state or local government employers and employees are exempt from OSHA coverage under the OSH Act (29 U.S.C. 652 (5)). However, in states with OSHA-approved occupational safety and health programs ("State Plans"), state and local government employers with 100 or more employees will be covered by State occupational safety and health requirements, and State Plans must adopt requirements for state and local employers that are at least as effective as federal OSHA's requirements in this ETS. State Plans may also choose to adopt more protective occupational safety and health requirements (29 USC 667(c)). States with State Plans are set forth in Table IV.B.2 of the ETS. Oklahoma does not have an approved State Plan. Thus, the ETS does not apply to local government employers in Oklahoma. [cid:image001.png@01D7D252.0DF2B4C0] Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: John R. Andrew <andrejr@poncacityok.gov> Sent: Friday, November 05, 2021 2:31 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] OSHA Mandate Good afternoon, all, I read through the documents posted yesterday regarding the vaccine mandate for 100 Plus employers and we are trying to determine whether it will apply to municipalities, and I wanted to get some input on what you all think. I was always under the impression that OSHA did not include municipal governments, but our Fire Chief pointed out to me in OAC 380:40-1-2 that the definition of "employer" in 29 CFR 1910.2(c) was replaced with the definition in 40 O.S. section 402(1) which includes political subdivisions. I'd like to see what others have found regarding application of this ETS. Any ideas? Thanks! John R. Andrew, J.D., M.P.A. City Attorney, City of Ponca City, OK PO Box 1450 Ponca City, OK 74602-1450 (580) 767-0337 andrejr@poncacityok.gov<mailto:andrejr@poncacityok.gov>