On Monday, Nov. 1, 2021, the Department of Labor (DOL) confirmed that the highly anticipated COVID-19 vaccination emergency temporary standard (ETS) will be released “in the coming days,” affecting potentially 100 million workers.

Under the upcoming rule, employers with 100 or more employees must require COVID-19 vaccinations among workers or accept proof of negative tests each week. Noncompliance could result in nearly $14,000 per violation, according to DOL officials.

On Monday, the DOL confirmed that the Office of Management and Budget had reviewed the ETS—one of the final steps before implementation.

“The Federal Register will publish the emergency temporary standard in the coming days.”

– A DOL spokesperson

What’s Next?

The Occupational Health and Safety Administration (OSHA), which is overseen by the DOL, is responsible for enforcing the upcoming vaccination rule. Within days, OSHA is expected to release the ETS.

Applicable large employers should begin preparing their organizations for these new requirements, which includes establishing whether to mandate COVID-19 vaccination or accept negative testing as an alternative.

It also includes preparing to communicate this new rule to employees. This effort may involve drafting workplace policies, readying accommodation forms and preparing flyers announcing what’s expected of employees.

Stay tuned for more details on the ETS in the coming days. In the meantime, reach out to EHD for resources to help prepare your organization and employees.

The content of this News Brief is of general interest and is not intended to apply to specific circumstances. It should not be regarded as legal advice and not be relied upon as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. © 2021 Zywave, Inc. All rights reserved.