Block on OSHA’s Emergency Temporary Standard

The Fifth Circuit Court of Appeals (sitting in New Orleans) has put a temporary block on OSHA’s Emergency Temporary Standard (“ETS”). The ETS would require employers of 100 or more employees as of November 5, 2021 to implement written policies by December 5 requiring employees to be vaccinated against COVID-19 by January 4, 2022. Employees who are not vaccinated must submit negative COVID test results each week to their employer and must wear masks. There are almost 500 pages to the regulations, including provisions for how to “count” employees, whether employees from different locations must be counted in determining how many employees an “employer” has, exceptions for employees who work solely outside, requirements for remote employees, etc.

For specific questions about the regulations, please contact RBE.

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Posted on November 9, 2021, by Jacob Darling