80 million workers now required to get vaccinated or test regularly

On September 9, President Joe Biden announced his Path Out of the Pandemic COVID-19 Action Plan. It required the Occupational Safety and Health Administration (OSHA) to develop a rule directing employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce negative test results on at least a weekly basis before coming to work. On November 4, OSHA officially issued its emergency temporary standard (ETS), leaving employers reeling over the quickly looming requirements.

What does 100 employees really mean?

The ETS covers all private employers with 100 or more employees (excluding healthcare employers and federal contractors already covered by earlier directives or Executive Orders).

The count should be conducted companywide, not by individual locations. It includes temporary workers, seasonal workers, and minors. It doesn’t include independent contractors.

What must covered employers do to comply?

Covered employers must implement a mandatory vaccination policy. The policy must require all employees to be fully vaccinated unless they are entitled to a reasonable accommodation due to medical reasons or a sincerely held religious belief.

The policy may offer a COVID-19 testing program in lieu of mandatory vaccinations. It must include regular testing and require all unvaccinated employees to wear a face mask at work. You may exempt employees working exclusively from home from the vaccination mandate or testing program.