OSHA Emergency Temporary Standard (ETS)

WEBINAR ON DEMAND | What you need to know

On November 5, 2021, OSHA released its Emergency Temporary Standard (ETS) that details how most U.S. employers with 100 or more employees must adopt a COVID-19 vaccination policy or offer a weekly testing option. The ETS requires employers to comply with the provisions of the ETS by December 5, 2021.

Continuing Legal Developments. There are a number of legal challenges to the ETS. Most recently, the 5th Circuit issued an order confirming the initial stay it imposed on the ETS and directed OSHA to "take no steps to implement or enforce" the ETS "until further court order." In response, although OSHA believes it will ultimately win the legal challenges, it has currently suspended implementation and enforcement of the ETS while the litigation advances.

Action Steps. As the court process plays out, the conservative advice for employers is to plan for compliance while we await further developments from the courts. To help employers understand the ETS, USI has created an OnDemand webinar covering the most important aspects of the ETS, including a discussion of the implications of the legal challenges.

At the conclusion, our experts share a checklist of recommended next steps employers can consider to prepare for these provisions.

As always, employers should consult with their legal counsel to further understand the implications of the ETS in light of the court’s rulings.