Today, the Occupational Health and Safety Administration (OSHA) issued the anticipated emergency temporary standard (ETS) that requires all employers with 100 or more employees to ensure their workforce is fully vaccinated from COVID-19 or require unvaccinated workers to submit to regular testing after January 4, 2022. The ETS also requires unvaccinated workers to begin wearing masks by December 5, 2021.
Who is Covered by the ETS?
What are Covered Employers’ Obligations Under the ETS?
When Must Covered Employers Comply with the ETS?
Legal challenges to the mandate are expected to be filed and we will keep you up to date on any changes in the implication timeframe.
OSHA’s ETS and the other rule issued today by the Centers for Medicare and Medicaid Services (CMS) for health care workers (which will be covered in a separate alert) cover an estimated 100 million workers. Two-thirds of businesses are now REQUIRED to have written COVID-19 vaccination policies and procedures for addressing requests for religious and/or medical accommodations, and record keeping procedures.
Weber Gallagher’s Employment Group previously provided guidance on disability and religious accommodations.
On November 11, 2021, our Employment Law partners conducted a webinar to discuss both the OSHA ETS and CMS vaccine requirements. You can view the webinar here.