04 November 2021

OSHA Issues COVID-19 Vaccine or Testing Mandate for Employers with 100 or more Employees

Thursday, November 4, the Biden Administration announced the details of a new COVID-19 vaccination policy, which will be published in the Federal Register, and take effect, tomorrow Friday, November 5, 2021.
The Department of Labor’s Occupational Safety and Health Administration (OSHA) issued the details of the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), a requirement for employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis. All OSHA covered industry that have a total of at least 100 employees firm or corporate-wide, at any time the ETS is in effect, are required to comply with the order. The ETS additionally requires that employers provide paid-time for employees to get vaccinated or recover from symptoms related to being vaccinated, and ensure all unvaccinated workers wear a face mask in the workplace. By January 4, 2022, all covered employers must be in compliance with the vaccine and testing policy, and by December 5, 2021, must be in compliance with the requirement to provide time off for workers to receive or recover from the vaccine, as well as the requirement for non-vaccinated employees to wear a mask in the work place.
We also note that today, the Centers for Medicare & Medicaid Services (CMS) at the Department of Health and Human Services issued the details of its requirement that health care workers at facilities participating in Medicare and Medicaid are fully vaccinated. Please stay tuned for an additional client alert and details on that order.
A White House Fact Sheet on both of the orders can be found here: