National Security > COVID-19 Resource Center > OSHA Issues Emergency Temporary Standard with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More Employees
08 Nov '21

On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring that employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 or tested weekly.

The much-anticipated ETS adds to a multifaceted effort by the Biden-Harris administration to address the COVID-19 pandemic through workplace rules—including a prior OSHA ETS focused on the health care industry, Executive Orders requiring federal contractors and federal employees to be vaccinated, and a new emergency regulation issued by the Centers for Medicare & Medicaid Services requiring health care workers at facilities participating in Medicare and Medicaid to be vaccinated. OSHA expects that the ETS will apply to more than 80 million workers, and it is certain to face a number of legal challenges. In this alert, we provide a summary and analysis of the ETS for employers subject to its requirements.

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