OSHA Releases Workplace COVID-19 Vaccine and Testing Rule

Frederick G. Sandstrom

The Occupational Safety and Health Administration (“OSHA”) released this morning the much-awaited text of its emergency temporary rule regarding mandatory workplace vaccination and testing for the COVID-19 virus. The rule is expected to be published in the Federal Register tomorrow, November 5, 2021, and will be effective upon publication. The emergency rule will be in effect for an initial period of six months but may be extended by formal rulemaking.

The following FAQ addresses key questions and issues relating to the OSHA rule and its requirements:

  1. Who is covered by the OSHA rule?

The OSHA rule applies to employers with 100 or more employees company-wide. The threshold is fluid and an employer will be covered by the rule if it has 100 or more employees at any time while the rule is in effect. An employer cannot, for example, look only to its headcount on the initial effective date of the rule. Once an employer is covered, it will remain covered for as long as the rule is in effect, even if its headcount falls below 100 employees.

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