What You Need to Know About OSHA’s New COVID-19 Emergency Temporary Standard



Date & Time

Start Date: 11/30/2021
Start Time: 3:00 pm
End Time: 4:00 pm EST


On November 5, 2021, OSHA published, in the federal register, its highly anticipated COVID-19 Emergency Temporary Standard (ETS) which covers employers with 100 or more employees.  The ETS generally requires, among other things, covered employers to do the following:

  • Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
  • Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis.  Employers must then remove such employees from the workplace, regardless of vaccination status and they must not be allowed to return to work until they meet specified requirements.
  • Ensure each worker who is not fully vaccinated be tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).
  • Ensure that, in most situations, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.

Join John Ho as he discusses:

  • Background of ETS (5 minutes)
  • Update on legal challenges and OSHA’s authority to issue the ETS (5 minutes)
  • Coverage issues, e.g., how is the 100 employee threshold determined and application to state-sponsored OSHA plans (5 minutes)
  • Overview of ETS requirements and compliance deadlines (35 minutes)
  • Update on recording and reporting of confirmed COVID-19 cases (5 minutes)
  • Addressing whistleblower and retaliation concerns (5 minutes)


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John S. Ho

Co-Chair, OSHA-Workplace Safety Practice


(212) 883-4927

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