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If an employer increases its workforce such that it meets the threshold on a future date, the ETS applies as of the date the employer crosses the 100-employee threshold. An employer who meets the requirement as of that date will be covered as long as the ETS remains in effect. The total number of employees is based on the entity’s total workforce it is not determined by location.Įmployees should be counted as of November 5. Independent contractors are also not counted. For purposes of determining the 100-employee threshold, workers from staffing agencies are not considered employees of the host company. Employers are required to count all employees, including remote workers, part-time workers, minors, and temporary employees. The ETS and the FAQs that were issued address many questions employers were raising about the 100-employee threshold before the ETS was issued. The Office of Management and Budget completed its review, and the ETS will go into effect on November 5, 2021, the date it is published in the Federal Register.
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The ETS implements President Biden’s September 9 directive for OSHA to develop and promulgate regulations requiring companies with more than 100 employees to mandate that workers receive COVID-19 vaccinations or undergo weekly testing, with additional requirements.ĭue to the expedited nature of an ETS, it was not open for public comment. Department of Labor’s Occupational Safety and Health Administration (OSHA) today announced an emergency temporary standard (ETS) providing regulatory requirements for the private sector on COVID-19 workplace vaccination and testing mandates.