OSHA ETS updates

Overview and FAQs


President Biden’s COVID-19 Action Plan

Sept. 9, 2021

  • The White House issued The Path Out of the Pandemic: President Biden’s COVID-19 Action Plan. 
  • The plan included, among other things, a request that OSHA issue an Emergency Temporary Standard (ETS) mandating that certain employers require all employees to provide proof of COVID-19 vaccination or be subject to weekly testing.

Nov. 4, 2021

  • The  White House released the highly anticipated guidelines for implementing the OSHA ETS.
  • This standard applies to most employers with 100 or more employees, and calls for a written policy and mandatory vaccination or weekly testing, among other requirements.
  • For full details, read our Legislative and Compliance Alert  in the Announcements area.

Nov. 12, 2021

  • The U.S. Court of Appeals for the Fifth Circuit issued an order to stay enforcement and implementation of the OSHA ETS. Legislation pertaining to the ETS continues to be under scrutiny at the federal level.
  •  Insperity’s HR specialists and service team members are closely monitoring the situation so that we can provide our clients with updates and guidance in a timely manner.

Insperity mobile app resources

We are introducing a feature on the Insperity mobile app that will make it easy for our clients to get vaccine and testing reports from their mobile devices.

Additional Resources

NOTE: Prior to implementing any mandatory vaccine policy, we encourage you to work closely with your Insperity HR professionals and outside counsel.


COVID-19 vaccine or weekly testing mandate update

On Sept. 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan which included, among other things, a request for an OSHA mandate for vaccines or weekly COVID-19 testing for employers with 100+ employees.

Employers who have delayed a decision about mandating COVID vaccinations for workers may have to change strategy should this rule become effective. It is almost assured that should OSHA issue such a rule for private employers with 100 or more employees, it will be subject to legal challenges and attempts to enjoin enforcement of the rule from employers and other interested stakeholders who oppose vaccine mandates. Finally, if employers with 100 or more employees are ultimately required to comply with this rule, such employers must still be mindful to engage in the interactive process required by the ADA for any employees who request an exemption from vaccination or weekly testing due to medical reasons, and should follow the EEOC’s guidance for religious exemption requests until or unless such guidance changes.

Insperity is here to help. We are closely monitoring all updates from government agencies and will keep you informed.

For Insperity clients, please contact your Insperity HR specialist with any questions.

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