On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a new COVID-19 emergency temporary standard (ETS) covering private sector employers with 100+ employees that requires such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The ETS’s effective date is November 5, 2021. The ETS is already subject to extensive litigation. On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a temporary stay of the ETS. While the future of the ETS remains uncertain due to pending legal challenges, it may take weeks of planning for employers to comply with the ETS’s deadlines, so prudent employers should continue preparing for the ETS as if it is going to take effect while litigation continues.Read more→