Today, the U.S. Labor Department, through the Occupational Safety and Health Administration (OSHA) issued a rule to require employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests negative for COVID at least once a week.  This rule covers 84 million employees and will be active starting January 4, 2022.

Below are some highlights of who this rule (called an “Emergency Temporary Standard” or “ETS” by OSHA) will apply towards…and links to further information.

Please share with the arts organizations and institutions that may qualify under this 100 employee rule. Bullets below are taken from the FAQ webpage.

• Part-time employees do count towards the total number of employees. For example, a company with 75 part-time employees and 25 full-time employees would be considered to have 100 employees and would be within the scope of this standard. Independent contractors do not count towards the total number of employees.
• Independent contractors do not count towards the total number of employees.
• These vaccination requirements would only apply to the employees who work in the office at least part time around other individuals, and not to those employees working exclusively from their homes.
• The ETS does not apply to state and local government employers in states without State Plans, because state or local government employers and employees are exempt from OSHA coverage under the OSH Act (29 U.S.C. 652 (5)). However, in states with OSHA-approved occupational safety and health programs (“State Plans”), state and local government employers with 100 or more employees will be covered by State occupational safety and health requirements, and State Plans must adopt requirements for state and local employers that are at least as effective as federal OSHA’s requirements in this ETS.

Vaccination and Testing ETS landing page: https://www.osha.gov/coronavirus/ets2

Full Vaccination and Testing ETS text: https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

Vaccination and Testing ETS fact sheet: https://www.osha.gov/sites/default/files/publications/OSHA4162.pdf

Vaccination and Testing ETS FAQs: https://www.osha.gov/coronavirus/ets2/faqs