COVID-19 ETS Is One Step Closer to Implementation

The White House is currently reviewing a draft of OSHA’s Emergency Temporary Standard (ETS), which will require all employers with 100 or more employees to either mandate the COVID-19 vaccination or conduct weekly testing.

Based on this analysis by OMA Connections Partner Fisher Phillips, the White House could complete its review and give its approval any day now — meaning OSHA could publish the ETS in the Federal Register (making it the official law of the land) by the end of this month. The ETS would become effective immediately in federal OSHA states, such as Ohio, with enforcement commencing after an expected grace period. (The ETS likely will include language noting it supersedes any state or local law concerning vaccines that is not as strict as the ETS.)

Fisher Phillips has also published this seven-step guide to help employers implement a COVID-19 testing program — even if they are not subject to the ETS. 10/13/2021

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