In September 2021, President Biden directed the Occupational
Safety and Health Administration (OSHA) to develop a new Emergency
Temporary Standard (ETS) to help combat the ongoing COVID-19
pandemic. We anticipate that the ETS will be issued in mid-to-late
October 2021.
In addition to containing requirements for federal workers and
certain federal contractors, the ETS will require private employers
with more than 100 employees to require that their employees either
be fully vaccinated – or subject to weekly testing.
It is anticipated that the ETS will impact up to 80 million
private sector employees. Employers will have 30 days from the date
of issue to comply with the ETS, which will be effective upon
publication and remain in effect for six months.
