On Thursday, November 4, the US Department of Labor issued a COVID-19 vaccine emergency temporary standard (ETS) affecting 84 million workers across the United States. The ETS goes into effect when published on November 5, and employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days of publication. Written comments regarding the ETS must be submitted by December 6, 2021.
Key Highlights
- The ETS applies to employers with 100 or more employees companywide.
- The standard also does not apply to remote employees or employees who work exclusively outdoors.
- Under the ETS, applicable employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, or adopt a policy that allows unvaccinated employees to undergo COVID-19 testing at least weekly and wear a face covering at work.
- Employers are required to provide paid time for workers to get vaccinated and recover from any side effects.
- Employers are required to record the vaccination status of each employee.
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.