Roll Up Your Sleeve or Get Tested — OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard

Posted by jhellert on 12/01/2021 12:00 am  /   Phillips Lytle Monthly Updates

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-anticipated emergency temporary standard (ETS) requiring most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work.  The ETS can last for six months, after which it must be replaced by a permanent regulation.   

Which employers are covered by the ETS?

  • Private employers with 100 or more employees firm- or corporate-wide are covered. All part-time employees count toward the 100-employee threshold.  Independent contractors are not included in the threshold.

  • In states with OSHA-approved “State Plans,” state and local government employers, as well as private employers with 100 or more employees, will be covered by state occupational safety and health requirements.

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