January 13, 2022: Written by Christopher M. Leddy, Esq., Partner
Prior to today’s action of the United States Supreme Court halting the Occupational Safety and Health Administration’s (OSHA) shot-or-test mandate, OSHA, as it relates to the transportation industry, had updated its guidance directly addressing the question of whether the mandate applies to truck drivers – unsurprisingly OSHA found the mandate does apply to truck drivers. However, OSHA made it clear in its guidance that the mandate’s requirements (similar to all other industries) do not apply to employees (i) “who do not report to a workplace where other individuals such as coworkers or customers are present” or (ii) “who work exclusively outdoors.” Thus, if a truck driver does not occupy a vehicle with another person as part of his/her duties and does not physically interact/come in contact with other people except in an outdoor setting (de minimis use of indoor spaces does not preclude the individual from being covered by these exemptions – i.e. bathroom usage), those drivers will be entitled to an exemption under the shot-or-test mandate.