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Key facts about OSHA’s nearly 500-page-long ETS for large employers

November 2021 employment law letter
Authors: 
Courtney Bru and Charlie Plumb, McAfee & Taft

The Occupational Safety and Health Administration’s (OSHA) interim final rule revealing the details about the Biden administration’s vaccination mandate for employers with 100 or more employees is nearly 500 pages long. The rule was announced on November 4, and covered employers must be in compliance by January 4, 2022. Here’s a brief summary about how the rule will affect them.

Who’s covered

OSHA’s emergency temporary standard (ETS) establishes minimum requirements for employers. It doesn’t apply to workplaces covered by the Safer Federal Workforce Task Force’s COVID-19 workplace safety guidance for federal contractors and subcontractors. It also doesn’t apply in circumstances governed by the agency’s previously released healthcare ETS.

The rule also doesn’t apply to employees of covered employers who (1) don’t report to a workplace (defined as a fixed or mobile physical location at which the company’s work or operations are performed) where other coworkers or customers are present, (2) while working from home, or (3) who work exclusively outdoors.

What employers must do

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