On November 5, 2021, the Department of Occupational Health and
Safety (OSHA) has published a new Emergency Temporary Standards
(ETS) for COVID vaccinations. The ETS covers employers with
100 or more employees and requires employees to be fully vaccinated
or to test negative weekly and to wear masks. Covered employers
must adopt a written plan explaining the requirements and
procedures to ensure compliance.
In calculating the 100 employee threshold, part-time workers are
included and employees are to be counted regardless of where they
work. However, independent contractors are not included. Employees
of staffing agencies do not count for the host employer, but they
do count for the staffing agency. Related entities may be
considered a single employer depending on the
circumstances.
