This week, the Office of Management and Budget (OMB) completed its review of an Emergency Temporary Standard (ETS), allowing for its finalization and publication in the Federal Register, which is anticipated for November 5. A pre-publication version states that this interim final rule will enable the Occupational Safety and Health Administration (OSHA) to strongly encourage vaccination of employees of large employers, defined as 100 or more employees.
It is understood that these large companies must develop, implement, and enforce a mandatory COVID-19 vaccination policy. There are some allowances for large employers to have a regular COVID-19 testing policy and wear a face covering at work in lieu of vaccination. Currently, the vaccinations or testing and mask policy must be implemented by January 4, but legal challenges are likely, which could affect this date.
To access the pre-publication version of the rule,
click here. APGA staff will continue to update members as more details are available. As well, since this is an interim final rule, OSHA will be accepting comments on any aspect of it and whether the ETS should become permanent, so APGA staff will be following up with the appropriate committees on whether engagement in the rulemaking process is needed.
For questions on this article, please contact Erin Kurilla of APGA staff by phone at 202-905-2904 or by email at
ekurilla@apga.org.