The Occupational Safety and Health (OSHA) is issuing a COVID-19 Vaccination and Testing Emergency Temporary Standard tomorrow, November 5, 2021. The ETS is currently up for public inspection and is accessible here. OSHA has also updated its webpage with access to the regulatory text, fact sheets, a webinar, sample policies, frequently asked questions, and links to related Department of Labor (DOL) and Centers for Disease Control and Prevention (CDC) resources.

Beginning November 5, 2021, submit comments at www.regulations.gov, the Federal e-Rulemaking Portal, and refer to Docket No. OSHA-2021-0007. All comments must be submitted by 30 days after publication in the Federal Register. For more information, please the Federal Register Notice.

While this rule applies to employers with 100 or more employees, the rule asks for comments from employers with fewer than 100 employees to determine costs and burdens. See below…