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ARTICLE · 09 NOVEMBER 2021

OSHA COVID-19 EMERGENCY TEMPORARY STANDARD (ETS) Vaccination, Testing, Recordkeeping, And Reporting

The Occupational Safety and Health Administration has issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). Note that the ETS does not apply to employers covered under...

United StatesEmployment and HR

The Occupational Safety and Health Administration has issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). Note that the ETS does not apply to employers covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors or Subcontractors (see here), or to settings where employees provide healthcare services subject to OSHA's ETS for the healthcare industry (see here).

COVID-19 ETS Highlights

As an initial comment, the ETS is intended to supersede and preempt inconsistent state and local requirements, including those which limit an employer's ability to require vaccination or face coverings, irrespective of the number of employees at an establishment. The following are some highlights of the ETS.

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