On November 5, 2021 OSHA published a proposed Emergency Temporary Standard (ETS) designed to address COVID-19. It requires private employers with 100 or more employees to adopt written policies requiring mandatory vaccination of employees, subject to certain exceptions.
The ETS contains detailed requirements for vaccination and testing policies, as well as expectations for employer recordkeeping and the provision of information and support to employees.
OSHA is soliciting comments from the public through December 5. OSHA expects the standard to remain in effect for six months, but it may also choose to alter it or extend its applicability.
Numerous challenges to the standard in the courts are expected. As employers develop policies and work on compliance, they should be sure to consult with knowledgeable counsel regarding the current status of the standard and any applicable updates or clarifications.
Johnson Jackson has prepared an executive summary of the new standard, which is available below.