The Occupational Safety and Health Administration (OSHA) has published the long-awaited Emergency Temporary Standard (ETS) as directed by President Biden in his September 9 COVID-19 Action Plan – Path Out of the Pandemic.
The ETS will take effect as soon as it is published in the Federal Register and sets forth the following two options for employers with over 100 employees:
- A mandatory vaccination policy.
- A written policy allowing employees to undergo ongoing testing and masking instead of vaccination.
Employers are required to comply with all aspects of the ETS by December 5, except for the testing program for those employers who choose to provide this option to employees. In that case, employees must either be fully vaccinated or submit proof of testing by January 4, 2022.
We break down the details below.
Which Employers Are Covered?
All employers with a total of 100 or more (full-time or part-time) employees at any time the ETS is in effect are covered. The ETS does not apply to workplaces subject to the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors or settings where an employee provides healthcare services or healthcare support services when subject to the requirements of § 1910.502.