Tags Posts tagged with "Emergency Temporary Standard"

Emergency Temporary Standard

Message from Gibbel Kraybill & Hess LLP:

On Friday evening, the Sixth Circuit lifted the stay on OSHA’s Emergency Temporary Standard (ETS). The ETS states that any employer with more than 100 employees must require its employees to either show proof of a COVID vaccination or submit to weekly testing and mask at all times when indoors. In the absence of a Supreme Court ruling to the contrary, the ETS will go into effect, and employers will be required to adhere to its standards. Read the article here.

GKH attorneys are closely monitoring the COVID-19 crisis and will continue to post updates and resources for individuals and businesses.

View Resources Here

The American Network of Community Options and Resources (ANCOR) provided feedback to the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS). While ANCOR members understand and support OSHA’s intent to protect healthcare and healthcare support service workers from occupational exposure to COVID-19, there is a  concern that the rule remains unclear in its scope of implementation and may further exacerbate the current workforce crisis impacting services and supports for individuals with intellectual and developmental disabilities (I/DD).


Please see the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS) that will apply to healthcare employers and additional OSHA guidance issued to protect workers in workplaces not subject to the ETS.

We had a number of calls asking about the ETS and to what businesses it applies. OSHA prepared this chart to help employers determine if they are subject to the ETS rule. Footnote number 1 is probably the most helpful part of the chart. In addition, the law firm of Troutman Pepper prepared an analysis, which may assist in determining whether your organization is subject to the ETS. We encourage anyone who is unsure whether the ETS applies to their organization to consult with legal counsel.