Write down November 4, 2021, as the Employment Lawyer Superbowl. At 8:45 am this morning, OSHA published its Covid-19 Vaccination and Testing Emergency Temporary Standard in the Federal Register. You can download and read all 490(!) pages of it here.
Most importantly, this rule takes effect immediately upon its publication in the Federal Register — i.e., today — but employers have 30 days, or until December 5, 2021, to comply with all requirements except testing for employees who are not fully vaccinated (which has a January 4, 2022, compliance date).
This means that by no later than January 4, 2022, employers will need to ensure that their employees have received their final vaccination dose, with weekly testing required for unvaccinated employees thereafter.
Coverage — The ETS covers all employers with 100 or more employees (and regardless of contradictory state or local measures), measured on a company-wide basis, except:
- Those employers that are already covered by the Safer Federal Workforce Task Force Covid-19 vaccine mandate for federal contractors and subcontractors; and
- Those employers covered by OSHA's Covid-19 Healthcare Emergency Temporary Standard.