On October 12, 2021, the Occupational Safety and Health Administration (OSHA) delivered its proposed vaccine mandate Emergency Temporary Standard (ETS) to the White House for final review. The proposed ETS was drafted in response to President Biden’s September 9, 2021, request that OSHA expeditiously develop an ETS requiring employers with 100 or more employees to mandate that all employees either (1) be vaccinated against COVID-19, or (2) undergo weekly COVID-19 testing. The details and compliance deadline of the ETS have not yet been made public, but the final ETS is expected to be released imminently. Employers must promptly take steps to consider and prepare for these anticipated mandatory vaccination and testing rules.

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