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ARTICLE · 10 NOVEMBER 2021

OSHA Issues Anticipated Emergency Temporary Standard Regarding COVID-19 Vaccination And Testing

Holland & Knight
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On Nov. 5, 2021, OSHA published in the Federal Register an ETS that applies to employers in all workplaces that are under OSHA's authority and jurisdiction...

United StatesEmployment and HR
Frederick Braid
Frederick Braid
Gina Fonte
Gina Fonte
Meghan McCaig
Meghan McCaig
Howard Sokol
Howard Sokol
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Highlights

  • Effective Nov. 5, 2021, a newly issued emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) requires that private employers with more than 100 employees, with certain exceptions, take the following actions, among others:
    • Develop, implement and enforce a mandatory COVID-19 vaccination policy or, alternatively, to establish, implement and enforce a policy allowing employees to elect either to get vaccinated or to undergo weekly COVID-19 testing and wear face coverings at the workplace
    • Determine the vaccination status of each employee and obtain acceptable proof of vaccination from vaccinated employees as described in the ETS

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