The count is made on the effective date of the ETS. As of NovemвЂ“ or when there are 100 employees.All employees are counted: full-time, part-time, temporary, and seasonal.

This includes remote employees and those working outside. Employees are counted company-wide, not by individual location. With regard to whether an employer meets the 100-employee threshold, the ETS states as follows: In addition, please note that the DOL has announced that the vaccination deadline for federal contractor employees has now been extended to Januto conform with the ETS deadlines. And the way that the ETS is worded, it would appear to apply to federal contractor workplaces that are not covered by the EO or healthcare employer workplaces that are not covered by the healthcare ETS. Which Employers Are Covered by the ETS.В The ETS applies to employers with 100 or more employees вЂ“ but not workplaces covered either by the vaccination Executive Order applicable to government contractors (which we discussed hereВ and here) or by the healthcare employer ETS (which we discussed here). What About Conflicting State/Local Laws/Orders?В OSHA is quite clear that the ETS preempts all state or local laws or orders to the contrary. The ETS will likely be in effect for six months. Although the ETS is effective upon publication in the Federal Register on November 5, 2021, employers will be given until Decemto come into compliance with everything but the testing requirement, which has a compliance date of January 4, 2022. The federal Occupational Safety and Health AdministrationВ has now issued the Emergency Temporary StandardВ (ETS) implementing President BidenвЂ™s SeptemCOVID-19 Action PlanВ that requires employers with 100+ employees (1) to mandate vaccinations or weekly testing/face coverings for their workforce and (2) to provide paid time off to get vaccinated and recover from any adverse effects.

Ets 4 times up