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Mandatory COVID-19 Measures Have Arrived for Employers With 100 or More Employees

Mandatory COVID-19 Measures Have Arrived for Employers With 100 or More Employees

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On November 4, 2021, OSHA announced its emergency temporary standard (ETS) requiring employers with 100 or more employees to implement a policy that either (a) mandates COVID-19 vaccination, or (b) requires a choice between vaccination or weekly testing (along with wearing a face covering at work). OSHA has provided sample policy templates for both and other information about the ETS (including FAQ), available at https://www.osha.gov/coronavirus/ets2  

Critically, the ETS preempts any contrary state or local requirements (like banning employers from requiring vaccination, face covering, or testing). While we can expect legal challenges to the ETS, as it stands, covered employers face these upcoming deadlines:



Notably, the ETS does not apply to employees who either do not report to a workplace where other individuals such as coworkers or customers are present or who work remotely.

Other highlights of the ETS include:


If you would like more information or would like to discuss these issues further, please contact a member of Gould & Ratner’s Human Resources and Employment Practice.


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