OSHA Issues Emergency Temporary Standard Regarding Vaccine Requirements & COVID-19 Safety Protocols

After weeks of waiting, we finally have the new emergency temporary standard ("ETS") from the Occupational Safety and Health Administration, pertaining to workforce vaccination requirements and other Covid-19- related safety protocols. Our labor and employment attorneys continue to pour over the nearly 500-page ETS as well as statements today from the White House, in order to provide guidance to our clients. However, here are the initial takeaways for employers:

• Which employers are covered? The ETS generally applies to employers in all workplaces that are under OSHA's authority and jurisdiction. Within these industries, all employers that have a total of at least 100 employees – firm or corporate wide, at any time the ETS is in effect, are covered. Thus, an employer will be covered at locations or work sites with fewer than 100 employees, if the company has 100 or more employees company-wide. While it is clear that all private employers who meet this threshold