NOTE: Employer Action Items Summary Document Included Below 

The U.S. Occupational Safety and Health Administration (OSHA) published its long-awaited Emergency Temporary Standard (ETS) requiring vaccination for all employees of employers with 100 or more employees. The rule is set to take effect November 5, 2021. OSHA’s FAQs provide useful information.

Key Deadlines    

    • December 5, 2021 Employer must implement compliance policies and procedures
    • January 4, 2022 Employees must be fully vaccinated or otherwise accommodated



Applicable Employers

      • An employer with 100+ employees on November 5, 2021 will be covered for the duration of the OSHA ETS. Headcount includes all employees — full-time, part-time, temporary, seasonal, working at any location including office, home, in-the-field, outdoors/indoors, etc. But integrated employer, controlled group of companies and joint employer standards do not apply.
      • An employers who subsequently employs 100+ at any time during the duration of the OSHA ETS will become a covered employer from that period forward.
      • Exclusions (See FAQs 2.A through 2.K for more information):
        • Federal contractor workplaces subject to the Safer Federal Workforce Task Force vaccine mandate.
        • Healthcare employers already subject to last summer’s OSHA Healthcare ETS and State and local government employers. ​​​

Employees Not Required to Be Vaccinated but counted toward the 100+ employee threshold for coverage

        • Employees who do not work in a workplace with other employee
        • Employees who work from home, and
        • Employees who work exclusively outdoors.

Duration ​

​OSHA anticipates the ETS will be in effect for six months from the date of publication, but may require the ETS to remain in effect longer depending on the status of the pandemic.

See also  Court Halts OSHA ETS Vaccine Mandate

Download our summary on “Employer Action Items” and access our “Additional Analysis and Considerations” below.

Additional Considerations

Employers should keep the link to the OSHA ETS FAQs bookmarked for frequent consultation. Although the rule is burdensome to employers, the agency’s FAQs provide helpful, practical answers to the most pressing compliance questions. 

This blog and its contents are not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.