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ARTICLE · 09 NOVEMBER 2021

OSHA Issues Much-Anticipated Emergency Temporary Standard

Reinhart, Boerner, Van Deuren SC
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OSHA issued its much awaited Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for large employers on November 4, 2021...

United StatesEmployment and HR
Brittany Naleid
Brittany Naleid
Shannon Toole
Shannon Toole
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OSHA issued its much awaited Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for large employers on November 4, 2021, and will publish the ETS in the Federal Register on November 5, 2021. This alert focuses on some of the key requirements and most pressing questions for employers.

Coverage

The ETS generally applies to employers in all workplaces that are under OSHA's authority and jurisdiction with a total of at least 100 employees as of November 5, 2021.

In determining whether your workforce is covered, you must include all employees across all of your U.S. workplaces, regardless of employees' vaccination status or where they perform their work (even if fully remote). The count should be done at the employer level (firm or corporate-wide), not the individual location level. Part-time employees are included in the 100-employee threshold.

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