OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting Them from the More Generous Exceptions to the OSHA ETS

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On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing its authority pursuant to the Occupational Safety and Health Act of 1970 (“OSH Act”) and its corresponding FAQs related to vaccine and mask mandates for employers. Also, in a surprise, OSHA simultaneously issued a Notice of Proposed Rulemaking, in effect, within its OSHA ETS by seeking public comment on whether to harden the ETS into a permanent Rule after six months when the ETS expires.

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