U.S. DOL Issues Emergency Temporary Standard On COVID-19 Vaccination And Testing

On November 4, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") issued an emergency temporary standard ("ETS") that requires most employers with 100 or more employees to adopt either a mandatory vaccination policy or a policy that allows employees to choose between getting vaccinated or submitting to weekly testing and wearing face coverings. OSHA anticipates the ETS will remain in effect for six months, although this time frame is subject to change.

Exceptions. The ETS does not apply to:

• Employees while working remotely, who do not report to a worksite where others are present, or who work exclusively outside
• Employers with fewer than 100 employees