[UPDATE 11.17.2021 – The United States Court of Appeals for the Fifth Circuit has issued a stay of the Emergency Temporary Standard (ETS) discussed in this article. Litigation will likely proceed very quickly over the next few weeks and there is some possibility that the ETS will be delayed, partially struck down, or fully struck down before the deadlines set forth in the article below.]

The Occupational Safety and Health Administration (OSHA) released its highly anticipated draft COVID-19 vaccination emergency temporary standard (Vaccine ETS) on November 4. As anticipated, the rule requires most employers with 100 or more employees to adopt a policy mandating that employees either get vaccinated against COVID-19 or submit to weekly COVID-19 testing. OSHA also amended its mini respiratory protection program standard, severability standard, and materials incorporated by reference, which were issued as part of OSHA’s prior healthcare COVID-19 ETS (the “Healthcare ETS”).