Although the President announced the drastic step over one week ago, there is still very little known by way of definite answers on what will and will not be contained in the final Department of Labor Emergency Temporary Standard regarding his vaccine mandate – and it may be a few more weeks until we see some further clarity. An excellent CFA Webinar held on Wednesday of this week with attorneys from Fisher Phillips underscored the many areas where questions will continue until the Department of Labor (DOL) formally issues the Emergency Temporary Standard, but there are a few things we can advise you right now. First, the Emergency Temporary Standard (ETS) differs from other government guidance or standards in that no public comment is required before the ETS is issued. Further, once it is issued, it takes effect immediately and then public comment may be welcomed, but the ETS will already be in place. That said, it is anticipated – although not yet known – that there will be some amount of time granted for businesses to get in compliance. When the ETS is issued, it will cite the coronavirus as a “grave danger” to workplace safety and the ETS will remain in effect for six months after which it is superseded by a new permanent standard – or struck down by the courts. It is also expected that the threshold of 100 or more employees will be applied to company-wide or business-wide employee totals rather than worksite specific. It is not yet known what type of verification may be required of businesses, it is fairly certain that it will not be based on the honor system – and employers may have to maintain a confidential list of vaccinated employees. Notwithstanding the FAQ list on the DOL website, which may give some insights into what DOL may ultimately require, most questions are still unanswered and we’ll try to clarify them as best we can as the process moves forward.