Yesterday OSHA issued its long-awaited Emergency Temporary Standards. The ETS requires all employers across the country with 100 or more employees to mandate COVID-19 vaccines for all employees, or weekly testing for those who opt out of vaccination. Additionally, the ETS contains a series of requirements covering testing, positive test notification, removal of employees from the workplace, and remote work for positive-testing employees.
It will be essential for employers to understand their obligations under the ETS and adopt written policies to implement them. Each employer will face unique challenges in implementing the ETS, and it will be important for employers to work with their legal counsel to determine the best policy approach for their workforce.
Please refer to Mintz's guidance on this matter for a full discussion of exact requirements, penalties, and deadlines on these important new rules.
The new rule – which is expected to cover 84 million American workers or 2/3rds of the private American workforce – is sweeping in its scope. It will also require covered employers to take several steps within the next two months to come into compliance.
