As we advised in a Membership Update earlier this week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has completed its draft Vaccine Emergency Temporary Standard (ETS) and sent it along to the White House Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for final review. Once the review is completed by OIRA, the ETS will be published in the Federal Register, a step that will make the ETS effective immediately. With implementation of the vaccine ETS of the ETS, the Biden administration will require all employers with 100 or more employees require their workers to prove they are vaccinated against the COVID-19 virus or produce a negative COVID-19 test on a weekly basis. Because of its emergency status, the ETS will remain in effect for 6 months upon publication, but it can then easily be replaced with a permanent standard. Until it is published in the Federal Register or otherwise made public, many questions remain unanswered, such as how is the 100-employee threshold to be counted; what proof of vaccination will employers be required to obtain; will it apply to remote workers; what COVID testing methods will be acceptable; and a host of other questions still outstanding. We will, of course advise you as soon as the ETS is published and more details are known.