COVID-19: OSHA Emergency Temporary Standard & Compliance Considerations For Covered Employers

In light of the recent release of the US Department of Labor’s OSHA Emergency Temporary Standard (ETS) for US private employers with 100 or more employees, members of our Policy and Labor, Employment, and Workplace Safety practices host an in-depth session covering updates and employer considerations for larger companies covered by these new vaccine mandates.

Our team outlines strategic areas for covered employers to address as they move to interpret, implement, and remain in compliance with the specific requirements under the newly-announced ETS. In addition to an overview of the ETS we share legal and practical insights on the following topics:

• Covered employer status within the ETS
• ETS compliance plan development considerations, including COVID-19 vaccination programs, workplace policies and health and safety screening protocols, and mandatory COVID-19 testing employer responsibilities (including testing costs & accommodations factors)
• Workforce communications strategies and best practices
• CMS, Federal Contractor and OSHA ETS policy intersections
• Interaction of OSHA ETS with other vaccine-related government mandates, including potential preemption of state and local law

In addition, our team discusses the status of the ETS rulemaking process, including the opportunity to offer comments and engage OSHA and other policymakers.