On November 5, 2021, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) on mandatory “COVID-19 Vaccination and Testing” under section 6(c)(1) of the Occupational Safety and Health Act. The ETS requires employers with 100 or more employees to develop, implement, and enforce a mandatory COVID-19 vaccination policy, except for covered employers that adopt an alternative policy of requiring employees to undergo regular COVID–19 testing and wear a face covering at work. OSHA has determined that a grave danger exists that necessitates the ETS and that the ETS is both technically and economically feasible for covered employers. The rule is effective immediately and employers must comply with most requirements within 30 days and with testing requirements within 60 days. The ETS is open for public comment through December 6, 2021.
For additional information, including OSHA summaries and fact sheets about the ETS, please visit OSHA’s COVID-19 Vaccination and Testing webpage.
Read OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing here: Federal Register :: COVID-19 Vaccination and Testing; Emergency Temporary Standard
Comments are due by December 6, 2021, and can be filed at www.regulations.gov at Federal Register :: COVID-19 Vaccination and Testing; Emergency Temporary Standard (Docket No. OSHA–2021–0007-0001)
Advocacy contact: Bruce Lundegren, Assistant Chief Counsel, at bruce.lundegren@sba.gov or (202) 205-6144.