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On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) unveiled its long-awaited Emergency Temporary Standard (ETS) regarding the Coronavirus Disease 2019 (COVID-19) vaccination, vaccination verification, face coverings, and testing.

The COVID-19 ETS requires employers with more than 100 employees to develop, implement, and enforce either: (1) a mandatory COVID-19 vaccination policy; or (2) a policy requiring employees to choose between getting vaccinated or undergoing regular COVID-19 testing and also wearing a face covering at work. The COVID-19 ETS will remain in effect for at least six months. The COVID-19 ETS requirements go into effect in 30 days (Dec. 5, 2021), except for the testing requirements, which go into effect in 60 days (Jan. 4, 2022). Any lawsuits challenging the ETS must be filed in the appropriate United States Court of Appeals by Jan. 4, 2022.

Click here to read the full GT Alert.

Tags: Coronavirus, COVID-19, COVID-19 vaccine, GT Insight, OSHA
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Photo of Johnine P. Barnes Johnine P. Barnes

Johnine P. Barnes has wide-ranging experience in labor and employment law. She is nationally recognized by the Legal 500 U.S. Guide for her counselling and compliance practice regarding employment laws, including but not limited to compliance with the Americans with Disabilities Act, the…

Johnine P. Barnes has wide-ranging experience in labor and employment law. She is nationally recognized by the Legal 500 U.S. Guide for her counselling and compliance practice regarding employment laws, including but not limited to compliance with the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal and state statutes governing employment issues.

In addition, Johnine is recognized by Lawdragon 500 as Leading Lawyer in America, and as a Leading U.S. Corporate Employment Lawyer. She is experienced in litigating and defending employment claims of harassment, retaliation, discrimination, wrongful discharge, and breach of contract, as well as business litigation matters. She has experience handling non-compete agreement and contract disputes, trade secret matters, international disputes, white collar crime claims, property interest disputes and legislative matters.

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Photo of Michael Taylor ‡ Michael Taylor ‡

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety…

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety and health litigation, many of which involved a significant injury, fatality, fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael also provides federal and state workplace safety and health compliance counseling, inspection counseling, whistleblower representation, and due diligence reviews for clients. Michael also represents employers regarding Chemical Safety Board investigations in response to a significant fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael has significant experience in the oil, gas, electric utility, grain, construction, and chemical manufacturing industries.

Michael previously served as General Counsel to the federal Occupational Safety and Health Review Commission, the agency in charge of adjudicating workplace safety and health disputes between federal OSHA and the regulated community.

Michael is the Founder and Host of the Greenberg Traurig Workplace Safety Review Podcast, where he interviews influential environmental, health, and safety professionals across the country regarding timely and important topics in the environmental, health and safety world. Recent guests have included Douglas Parker, Assistant Secretary of Labor for Occupational Safety and Health in the Biden Administration; Deborah Harris, Chief of the U.S. Department of Justice Environmental Crimes Section; John Howard, Director of NIOSH and Administrator of the World Trade Center Health Program in the U.S. Department of Health and Human Service; Nadine Mancini, General Counsel of the federal Occupational Safety and Health Review Commission; and Richard Fairfax, former Deputy Assistant Secretary of Labor for federal OSHA.

In 2020, Michael was recognized as a “Labor & Employment Star” in the Benchmark Litigation Labor & Employment rankings, and, in 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

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Photo of Greenberg Traurig Greenberg Traurig

Amelia A. Esber represents clients in jury trials, arbitrations, mediations, and other aspects of the dispute resolution process with a focus on labor and employment law and commercial litigation. Her employment law practice includes matters arising from claims of discrimination, harassment, wrongful termination…

Amelia A. Esber represents clients in jury trials, arbitrations, mediations, and other aspects of the dispute resolution process with a focus on labor and employment law and commercial litigation. Her employment law practice includes matters arising from claims of discrimination, harassment, wrongful termination, restrictive covenants, wage and hour disputes, and other personnel-related issues.

Amelia’s practice extends to occupational safety and health defense, including the representation of clients in federal Occupational Safety and Health Administration (OSHA) and equivalent state agency investigations, contesting alleged safety and health violations in administrative hearings, and appealing administrative decisions to higher courts. She also drafts and revises internal company health and safety policies and procedures. When injuries or fatalities occur in the workplace, Amelia provides rapid response services such as on-the-scene investigation, evidence collection, and defensive pre-litigation actions.

Read more about Greenberg TraurigAmelia A.'s Linkedin Profile
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Photo of Deitra Jones Deitra Jones

Deitra S. Jones is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. She has experience representing employers on a variety of labor & employment matters, ranging from single plaintiff claims to complex class and collective actions. Her litigation…

Deitra S. Jones is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. She has experience representing employers on a variety of labor & employment matters, ranging from single plaintiff claims to complex class and collective actions. Her litigation and arbitration experience includes defending employment discrimination, harassment, retaliation, and wage and hour claims. Her practice also focuses on advancing the business goals of clients by providing practical advice on a variety of employment issues. These issues often involve HR policies, restrictive covenants, employee handbooks, compliance with employment-related laws and guidance, litigation avoidance, and internal investigations. Additionally, Deitra has experience providing employment-related due diligence in corporate transactions.

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Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

…

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.

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