OSHA Issues COVID-19 Emergency Temporary Standard: Employers With 100+ Employees Must Ensure Workers Are Either Vaccinated or Tested Weekly

Thursday, November 04, 2021

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On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) that requires employers with 100 or more employees to ensure that their employees are either fully vaccinated or subject to COVID-19 testing at least once per week. The ETS will be published in the Federal Register on November 5, 2021, and goes into effect on December 5, 2021. The ETS will cover approximately 84 million employees.

The ETS requires employers to implement a written mandatory vaccination policy. Employers are exempted from this requirement only if they implement and enforce a written policy requiring all employees to be fully vaccinated or to undergo testing at least weekly and to wear face coverings. Employees must be fully vaccinated on or before January 4, 2022. If employers decide to permit testing for unvaccinated workers, the requirement to test begins on that same day.

The ETS will remain in effect for six months, or until May 5, 2022. Pursuant to the Occupational Safety and Health (OSH) Act, the ETS becomes the proposal for a permanent standard. If no permanent standard is enacted before May 5, 2022, the ETS expires. Comments on whether the ETS should become a permanent standard are due on December 5, 2021.

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Category: news, Covid19

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