Notes

OSHA Vaccine Mandate For Employers With More Than 100 Employees
If you work for an employer that has more than 100 employees, you will be subject to the Emergency Temporary Standard (ETS). The Emergency Temporary Standard is a rule that requires you to have your workers tested for the Covid-19 virus weekly and require you to keep a roster of workers who have received vaccinations.

ETS was issued by the Occupational Safety and Health Administration, which is part of the Department of Labor. It applies to employers who are covered by the OSH Act of 1970, and it preempts federal and state laws that limit employers' power to enforce vaccination policies.

Lone Worker Alarms The Emergency Temporary Standard was published in the Federal Register on November 5, 2021. It will remain in effect for six months, after which it will be repealed. In addition to the standard, the agency is also seeking public input on a number of aspects of its rule.

One of the biggest questions that advocates have raised is whether workers who are independent contractors will be affected by the ETS. Some companies have opted for their own policy, while others have chosen to comply with the mandate. But the law could be challenged, which is why OSHA is asking for comments.

Other questions relate to the number of employees that are eligible to receive vaccinations. Whether these employees are independent contractors, temporary workers, or teleworkers, for instance, all will need to be considered.

While the rule does not explicitly define the types of employers that are subject to the ETS, it instructs employers to factor in all locations.
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