OSHA’s COVID-19 Emergency Temporary Standard is only the latest in several policies designed to reduce the spread of the novel coronavirus among working Americans, specifically through increasing vaccination rates at the largest public and private institutions. In this post, we’ll discuss the current legal standing of the COVID-19 emergency temporary standard, outline what employers need to know about potential requirements, and answer some of the most common questions about OSHA’s efforts to combat the spread of the coronavirus in the workplace. Employers were left with little-to-no clarity as to whether they should begin preparing for the new requirements. Soon after, a panel from the Fifth Circuit Court of Appeals granted a nationwide stay-effectively halting the agency’s enforcement of the ETS. Nearly as soon as OSHA introduced the ETS, 26 states filed suit in the U.S. Since early November, employers have eagerly awaited news on a pending court case involving the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard, which represents the most significant attempt by the federal government to increase COVID-19 vaccination rates and address lingering workplace safety concerns caused by the pandemic.Īs proposed in the Federal Register, OSHA’s COVID-19 Vaccination and Testing ETS would require large private employers (those with 100 or more employees) to develop, implement, and enforce a mandatory COVID-19 vaccination policy or a policy that requires unvaccinated employees to undergo regular, weekly COVID-19 testing, in addition to wearing a face covering at work.

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