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OSHA Issues Emergency Temporary Standard

A doctor administrating a COVID-19 vaccine to a patient

The Occupational Safety and Health Administration (OSHA) has released the Emergency Temporary Standard for mandatory COVID-19 vaccinations. The ETS applies to employers with at least 100 employees or more.

The standard requires employees to get vaccinated by January 4, 2022. After January 4, 2022, any employees who have not received the necessary vaccination will be required to produce a verified negative COVID-19 test to their employer at least on a weekly basis and always wear a mask in the workplace.

WHO:           

Employers with 100 or more employees unless federal contractors or healthcare facilities are covered by a separate federal vaccine mandate.

  • 100 employees in total, not at any one site
  • Full time and part-time counted
  • Contractors are not counted toward the total
  • While they must be counted to determine 100+ threshold, the ETS requirements do not apply to:
    • Individuals who do not report to a workplace where others are working
    • Individuals working from home
    • Individuals who work exclusively outdoors

WHAT:          

  • Ensure that all workers are vaccinated OR undergo weekly testing and wear a facemask that meets OSHA criteria.
  • Develop and communicate a mandatory COVID vaccination or test and mask policy for the workplace.
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