On November 4, the Occupational Health and Safety Administration released the Emergency Temporary Standard (ETS) to provide clarity into the Biden Administration’s vaccine mandate initially announced on September 9. This mandate impacts all employers with an employee base of 100 or more. In short, all employees who work in an office setting must be vaccinated against COVID-19 or submit to weekly testing (if allowed by the employer). The full ETS can be viewed here.

Requirements of the ETS become effective 30 days after its publication, placing the effective date on December 5, 2021.

It is important to note that multiple legal challenges have already been made to the ETS. As we await the outcomes of these challenges, Encompass recommends that all covered employers begin preparing for compliance immediately.

To proactively prepare, consider the following:

• Determine what portion of your workforce is already vaccinated. This can help with determining when you should implement mandatory testing or allow the option of weekly COVID testing. You may consider issuing a survey using ExponentHR and tracking the results within each employee’s personnel file.

• Consider the cost implications of weekly testing. Should you allow weekly testing in lieu of vaccination, the cost is not covered by the government. It may be paid for by either the employee or the employer.

• Determine how you will treat your remote workforce. The ETS does not explicitly require the vaccination or testing of employees who work 100% remotely. You have the option to make an informed business decision on how to treat this segment of your employees.

• Prepare your policy. The ETS requires, among other things, that employers be equipped with COVID vaccination and testing policies.

Our Client Experience Managers are versed in the ETS and its requirements and are prepared to provide guidance and assistance where needed. Should you have any questions, please reach out to your Client Experience Manager for help.