Labor and the Law By Mark A. Lies and Adam R. Young,
Seyfarth Shaw LLP
What Employers Must Do to Comply with OSHA’s
Emergency Temporary Standards
The federal Occupational Safety and Health
Administration’s emergency temporary standards
(ETS) pertaining to employers with 100 or more
employees is now in the hands of the federal courts, as
the Fifth Circuit Court of Appeals has stayed the requirements
and the Sixth Circuit Court of Appeals will rule on the ETS
legality under the Occupational Safety and Health Act. OSHA
has advised employers that it the agency is “suspending” its
enforcement pending a legal outcome, but pending deadlines
face employers in a few short weeks to comply with the
vaccination, testing and face covering requirements.
Here are some of the requirements companies are facing
and key deadlines.
Dec. 6 Deadlines
Written Policy
Employers must establish, implement, and enforce a written
mandatory vaccination policy; or establish, implement, and
enforce a written policy allowing employees to choose to be fully
We recommend as employers navigate
compliance, they consult OSHA’s ETS
resource page, including its extensive
FAQs at www.osha.gov/coronavirus/ets.
vaccinated against or provide proof of regular testing for COVID-19.
The requirements do not apply to employees who work
from home, do not report to a worksite with other individuals,
or work exclusively outdoors.
Determination of Vaccination Status/Recordkeeping
Employers must determine the vaccination status of
each employee and whether the employee is fully vaccinated.
Employers must require each vaccinated employee to provide
acceptable proof of vaccination status, including whether they
are fully or partially vaccinated.
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