BREAKING: OSHA’s Emergency Temporary Standard Mandating Vaccination or Testing for Employers with 100+ Employees

Today, November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a new emergency temporary standard (“ETS”) that requires employers with more than 100 employees – firm or companywide- to develop, implement, and enforce either:

  1. A mandatory COVID-19 vaccination policy or
  2. A policy requiring all non-vaccinated employees to undergo regular COVID-19 testing and wear face coverings at work.

A few additional requirements of the ETS include:

  • Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination status, and maintain records and a roster of each employee’s vaccination status,
  • Employees must provide prompt notice to employers when they receive a COVID-19 diagnosis and Employers must remove said employee until return criteria is met, and
  • Employers must provide paid leave for receiving a COVID-19 vaccination as well as paid leave for a reasonable recovery period after receipt of a COVID-19 vaccination.

This ETS will be published and become effective as of November 5, 2021. Employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days.

Additional information frequently asked questions, and policy templates can be found in the article and related hyperlinks found here:

In addition to the guidance provided directly from OSHA, Eckberg Lammers will be holding a virtual learning session on November 10, 2021 from 11:30-12:30 to cover more details of this ETS. If you would like to participate, please email us at

About Eckberg Lammers, P.C.

Founded in 1949, Eckberg Lammers, P.C. is one of the most well-known law firms in the Twin Cities metropolitan area. With offices in Stillwater and Hudson, our attorneys serve clients throughout Minnesota and Wisconsin across a wide platform of individual, business and commercial, and municipal practice areas.

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