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ARTICLE · 16 NOVEMBER 2021

OSHA's Emergency Temporary Standard: A Step-by-Step Guide

Foley & Lardner LLP
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As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees.

United StatesEmployment and HR
Jeffrey Kopp
Jeffrey Kopp
Brooke C. Bahlinger
Brooke C. Bahlinger
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As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees.  While we have seen court challenges and indeed the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana and Mississippi) has temporarily enjoined the ETS, employers should not rely on that as a ticket to do nothing. Time is running short and employers should proceed with the assumption that the deadlines are real. 

As covered employers begin to navigate these uncharted waters, we are providing a step-by-step guide to help you comply with the new ETS. Here are a few suggestions:

Step 1: Consider if the ETS Applies

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