OSHA Issues New Emergency Temporary Standard (ETS)

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) filed a new Emergency Temporary Standard (ETS) on Vaccination and Testing for private employers. According to the ETS, which became effective Nov. 5:

  • Employers with at least 100 employees will be required to adopt a mandatory vaccination policy, unless they adopt a policy requiring unvaccinated worker to undergo weekly testing and wear a face covering at work.
  • Covered employers must provide paid time for workers to get the COVID-19 vaccine as well as paid sick leave to recover from any side effects that prevent them from working.
  • Employers must comply with most provisions by 30 days after the date of publication in the Federal Register (scheduled for Nov. 5), and comply with the testing requirement by 60 days after the date of publication. See the OSHA site for key compliance requirements.
  • Businesses that do not comply may face significant OSHA fines.

For more information on the ETS, including policy templates, fact sheets and FAQs, see the OSHA site