New OSHA Emergency Temporary Standard: Vaccinations, Testing and Face Coverings

On November 6, the Court of Appeals for the Fifth Circuit issued an emergency stay with regard to the OSHA ETS on COVID-19 Vaccination and Testing. While the fate of the OSHA ETS is unclear, employers should prepare now as if the ETS will go into effect. OSHA’s new emergency temporary standard requires employers with 100 or more employees to develop and implement a policy requiring that employees either become fully vaccinated or undergo weekly testing and wear a face covering at work. Employers should promptly determine whether they are covered by the ETS. Covered employers should begin preparing a written policy and develop their approach for determining and documenting employee vaccination status.

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