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ARTICLE · 09 NOVEMBER 2021

OSHA Issues COVID-19 Vaccination And Testing Emergency Temporary Standard

Stevens & Lee
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The federal Occupational Safety and Health Administration ("OSHA") took the unprecedented step of issuing an Emergency Temporary Standard ("ETS") requiring, among other things...

United StatesEmployment and HR
Brad M. Kushner
Brad M. Kushner

The federal Occupational Safety and Health Administration ("OSHA") took the unprecedented step of issuing an Emergency Temporary Standard ("ETS") requiring, among other things, COVID-19 vaccinations or regular testing for millions of private sector employees.  This is part of a trilogy of vaccine mandates President Biden announced in recent weeks1, and it is easily the most far-reaching: by OSHA's estimates, the ETS will cover approximately 264,000 entities and 84.2 million employees.   

The requirements of the ETS include establishing and implementing a written mandatory COVID-19 vaccination policy or alternative policy requiring testing and face coverings; determining employee vaccination status; supporting employee vaccination by providing paid time for vaccination and time off for recovery; ensuring that employees who are not fully vaccinated are tested for COVID-19 at least once every seven days and wear face coverings; and recordkeeping for employee

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