employees adopt either: (i) a mandatory vaccination policy or (ii) a policy that permits employees to choose between becoming fully-vaccinated and submitting to weekly COVID-19 testing. In early November, OSHA issued an ETS generally requiring that all private employers with 100 or more U.S. Several petitions to stay the ETS have been filed with the U.S. As explained below, however, the “vaccinate or test” ETS is still subject to further challenge. Consequently, covered employers with 100 or more employees will now be required to comply with the ETS under the newly announced deadlines of Janufor all non-testing requirements and Februfor testing requirements.
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA’s so-called “vaccinate or test” Emergency Temporary Standard (ETS). Holt, Mara Curtis, Emily Harbison and Brenda Rosales-Carrillo on 18 December 2021 Posted in COVID-19/Novel coronavirus, Employment & Labor (U.S.), Workplace Laws and Regulations
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